EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS


Novell News Summary – Part III: Plugs in the Press and SCO Case Galore

Posted in Courtroom, Google, Identity Management, Mail, Microsoft, NetWare, Novell, SCO, Security, Virtualisation, VMware at 5:53 pm by Dr. Roy Schestowitz

Lake Powell, Utah

Summary: Novell news from the past two weeks (excepting SUSE/OpenSUSE)

THERE is a heap of stuff to be shared here this week, but none of it is groundbreaking.

Back in December, Ron Hovsepian was marketing his own products in Forbes, advocating Novell terminology such as “Intelligent workload management”. Here are some comments on the article. Forbes is letting Novell’s Dragoon do the same thing sometimes. This magazine is run by business, for business. Processor.com has quoted Novell’s Richard Whitehead again (it’s not unusual for them, either):

Richard Whitehead, director of product marketing for data center solutions at Novell (www.novell.com), says there are three key trends in virtualization shaping up for the coming year.


For all of virtualization’s promise of fundamental change, however, Novell’s Whitehead says IT’s priorities won’t change much despite the radically different data center landscape.

From “Marketing Manager for Novell’s developer and database product groups” comes another little placement.

Despite the layoffs and the fact that Novell is "going downhill", one company named it as a job destination, which fed Novell’s PR team.

Glassdoor.com, a career and workplace community that brings greater transparency to company cultures, compensation and the interview process, have just released the second annual Employees’ Choice Awards, listing the top 50 “Best Places to Work,” according to surveys collected from U.S.-based employees in 2009.

A former Novell employee who is writing for CNET has given lip service to Novell’s Pulse, which the rest of the press is just ignoring by now.

Novell is doing this with its Pulse service for Google Wave, a testament to just how innovative software can be when it isn’t locked behind a firewall by IT. Others should follow suit, and not create clones of the consumer Web as Tibco has with its Twitter clone, Tibbr.


Nobody except Groklaw seems to be covering SCO matters these days. Some of the latest articles (and snippets of interest) are:

1. Agenda for Wednesday’s Bankruptcy Hearing: SUSE & Petrofsky

The agenda for the hearing on Wednesday in the SCO bankruptcy is now available. It’s SUSE’s motion to lift the stay that will be argued and the Petrofsky motion to compel, and maybe some uncontested housekeeping issues. So this is one hearing not to miss, if any of you can attend. It begins at 10 AM. Same place. The usual suspects.

Relax. Just kidding.

2. Caldera GPLd Its Brains Out – Want to See?

Would you like to see some places where Caldera has copyright notices in Linux on code it contributed under the GPL, and you’re frustrated because some of us have Caldera CDs and you don’t? Just go to Google code search and search for

license:gpl “caldera.com”

You’ll be buried in GPL’d Caldera code, 5,000 hits.

3. An Offer of Arbitration Docs from Ryan Tibbitts & A Proposed Amended Schedule for Tomorrow

SCO General Counsel Ryan Tibbitts has filed a Declaration [PDF] with the bankruptcy court in support of Edward Cahn’s objection to SUSE’s motion for relief from the automatic stay. SUSE would like to finish the Swiss arbitration, as you know, and SCO would like to keep it from going forward. Tibbitts offers to submit to the judge sealed materials from the arbitration that he claims give evidence that SUSE is not likely to prevail in what he claims is the “highly contested” arbitration.

4. Minutes from the SCO Bankruptcy Hearing Posted

5. Eyewitness Reports from the SCO Bankruptcy Hearing on SUSE’s Motion to Lift Stay

As you can see, it tipped toward at least a partial lifting of the stay, although how a partial lifting helps is a mystery to me. But notice how the SCO position makes very little sense? At one point, Ms. Fatell argues that SUSE and Novell are one and the same, according to our reporter’s notes. Then SCO argues that they are not suing SUSE, but if they are one and the same, what difference would that make? SCO is suing Novell *over* SUSE’s Linux, which is what brought the arbitration into the picture. So it makes no sense. And is it possible that Ms. Fatell does not know that SCO’s litigation filings in the IBM case do ask for billions? And their intentions, SCO’s new management’s, are now fairly clear, I’d say. I’ll wait until I get to see a transcript or listen to the audio to form a definite conclusion, but it appears that newSCOmanagement is very much like oldSCOmanagement in not comprehending the GPL at all and hoping for some short-term gains no matter what happens in the last act.

Here is an excellent and long accumulation of old findings about SCO’s right to sue (or rather, lack of right to sue):

But consider what we know for sure SCO did do, distribute its code in UnitedLinux under the GPL. In the FOSS marketplace, they do that, and back then SCO was a Linux company. And what is simply true is that you can’t operate in the FOSS space unless you do share under the GPL or some other Open Source license that indeed can affect your rights, especially with respect to suing people for copyright infringement. And both Santa Cruz and Caldera, now SCO Group, understood that, and complied with the terms, grudgingly but they at least pretended that it was a great thing. For example, here’s a couple of screenshots for you from the goode olde dayes, when they each wanted to cooperate with the FOSS world.

And on it goes:

7. Hearing Set for Feb. 4 for Novell Motion to Set Aside Judgment – And a Mystery Solved – Update

There is a hearing coming up on February 4 at 3 PM before Judge Stewart in SCO v. Novell, and I surely hope some of you can attend, regarding Novell’s recently filed motion asking to set aside an earlier judgment by Judge Kimball, so Novell can go after monies SCO took in from Microsoft and companies that bought a SCOsource license.

But there’s something odd in the notice about the hearing. It says also on the schedule that day will be oral argument on docket number 277 [PDF], Novell’s Motion for Summary Judgment on SCO’s First Claim for Slander of Title Based on Failure to Establish Special Damages, which was decided in Novell’s favor long ago. Novell didn’t ask for that judgment to be opened up, that I can see, nor would it, since it won that motion, and neither has SCO filed any such motion that I can find. So how is this scheduled for this hearing? That is the mystery.

8 . SCO Opposes Novell Motion to Set Aside Judgment

SCO, “by and through the Chapter 11 Trustee in Bankruptcy, Edward N. Cahn”, has filed its opposition to Novell’s Motion to Set Aside Judgment.

9. Trial in SCO v. Novell Now Scheduled for 15 Days Beginning March 8 – Correction

So two months before it resumes.

Novell’s MoFo story is mentioned again in Legal Brief.


Bharat is still selling information about Novell while also advertising it. Movements of the shares are not particularly important, but they are mentioned in:

1. ICx, Intellicheck Rise; YRC Worldwide Falls

Novell, Inc (NOVL) climbed 2.1% or 8 cents to $4.22.

2. How has the market reacted to Novell Inc. post-earnings? NOVL, ASIA, MFE, CHKP

Novell Inc. (NOVL) released its earnings announcement on 12/03. The company reported a change in quarter-over-quarter sales of -11.89% and posted an EPS (trailing twelve months) of – .62.

3. Tech Stocks Soar in 2009

Thirteen companies had triple-digit gains and 25 had double-digit stock increases. Only one vendor, Novell, had a single digit stock price increase (9 percent). And only two vendors saw their stock prices decrease.

4. Top 5 Small-Cap Stocks In The Technology Sector With The Highest Cash (CLWR, SAY, CIEN, NOVL, SATS)

NOVL’s shares have risen by just 8.29% over the past 52 weeks, as compared to a 21.59% rise in S&P 500.


“Great and Disappointing Operating Systems of the Decade” include NetWare 6.5. Here is the relevant part of an article from IDG:

NetWare 6.5

The world was looking for the joiner of Novell’s time-honored and rock-solid NetWare network operating system to be joined fully to Linux. Novell had just purchased SuSE Linux and it looked as though the world might have a powerhouse to rival the initial foibles of Microsoft’s then-embryonic Active Directory. Would eDirectory become a rival and gain authentication market share. Today, that goal is an unfulfilled dream for most.

NetWare was also mentioned here and alluded to here:

•Novell networks. The problem with personal computers was that they were, well, personal. Everyone became an island. Local area networks came along, with Novell being the dominant player, and permitted us to be linked to one another for sharing files and devices.


Except for hype from Novell’s marketing people, the company’s virtualisation products were only mentioned here as an aside.

Related to testing, virtualization technology has matured to the point that almost every organization can reap the benefits with server virtualization products such as Microsoft Corp.’s Virtual Machine Manager, Novell Inc.’s PlateSpin Virtualization and Workload Management suite and VMware Inc.’s vSphere.

Here is a new commercial disguised as “whitepaper”. It’s about ZENworks application virtualisation. Other quick mentions of Novell virtualisation can be found in:

1. Oracle Rumored to Snap up Citrix under IBM’s Nose; VMware, are you listening?

Oracle has already declared war on many fronts and by doing a Citrix acquisition it will definitely make a massive statement to the virtualization market leaving Oracle, Microsoft and VMware as the main contenders and also Red Hat and Novell slightly into the virtualization market.

2. VDI Rolling Review: Ericom’s WebConnect Goes Above And Beyond

WebConnect supports all the major virtualization platforms out there, and Ericom is the first broker we’ve tested that natively supports XenServer. The only other VDI vendor to do so is Citrix itself. Ericom also supports some community versions of Xen, like Red Hat and Novell Xen, and easily takes the prize for the largest number of supported virtualization engines WebConnect installed relatively easily in the lab, and can be deployed on a single physical server or on a virtual machine for smaller environments.

The ‘Microsoft press’ is pushing the agenda of its masters by writing about the Gartner|Burton talking points for Hyper-V [1, 2] (comparing VMware to Netware). Here is some more marketing waffle from John Dragoon, who tactlessly offers lip service to the pay-to-say Gartner Group. The Burton Group will be consumed by Gartner and what might as well explain Dragoon’s attitude are the roots in Novell:

The Burton Group was founded in 1990 by Lewis and Craig Burton, both of whom had been at Novell. Lewis bought Burton out and through acquisitions took on several other partners.

Very interesting! We’ll write some more about former Novell employees further down in the same post.

Another such analogy which resembles the Hyper-V “Slog” [PDF] comes from Tim O’Reilly, who writes:

(Henry Blodget makes this case in Hey, Apple, Wake Up — It’s Happening Again. On the other hand, Mark Sigal raises a different historical analogy, Novell vs. Microsoft, asking whether Google’s release of its own anointed phone might end up blunting adoption by other vendors, while Google takes the eye off its core business. A lot depends on whether Google holds back anything from the platform available to others. At today’s press conference, Google emphasized the open platform aspect of Android, so they are trying to address that fear. The model seems to be to work with individual partners to push the ball forward, but to return those innovations to the pool available to all partners.)


Novell actually advertises against Microsoft Exchange for a change. Both Microsoft and Novell are suffering from Google at the moment.

These workers will be using Gmail, Google Docs and other apps to work together, saving what the city’s CIO said would be millions of dollars. Google replaced the legacy Novell GroupWise system and beat out Microsoft and others for the pact. Sounds like a win-win for everyone, right?

Groupwise is also mentioned here:

ExchangeDefender is tailored to a small business’ e-mail system, and works with Microsoft (News – Alert) Exchange, Lotus Domino, Novell Groupwise or any other SMTP mail server, the company said. Like Autotask, ExchangeDefender runs off of set policies to secure end clients’ e-mail servers from viruses, malware, adware and other threats.

A new Groupwise video was uploaded to YouTube very recently:

Identity Management

An article on identity mentioned Novell for its role in this market.

This was echoed by Novell’s Justin Steinman (vice president of solution and product marketing), who said: “2010 will be the year that we take identity into the clouds. Everyone in the industry is excited about using cloud computing.” However, he also voiced some major concerns about these moves, adding: “But what about the security concerns? How do you control who has access to what data in the cloud? How do you ensure that roles are enforced? How do you provision and, more importantly, de-provision identity in the cloud?”


Justin Steinman was also mentions in this post:

# Cloud providers address security concerns. “Security is the number-one inhibitor to cloud adoption,” says Novell’s Justin Steinman. Users can expect to see technologies that allow cloud providers to meet different customer security requirements.

Novell is applying some minor changes when it comes to support.

Effective from the 1st of February, Novell is changing its support terms for access to patches and service packs.

Among new vulnerability reports we find this older one which affects eDirectory:

Novell has released a security update for its eDirectory server to remedy a heap overflow vulnerability. Attackers can remotely exploit the flaw to crash or penetrate a server.


Google was voted “company of the decade” and its CEO’s roots in Novell are mentioned here:

Larry Page and Sergey Brin are aided and abetted by Eric Schmidt, a director of the company since 2001. He was formerly at Novell, Sun and Apple.

More here:

Schmidt’s previous gigs at Novell and Sun Microsystems showed him what could happen when innovative companies were slowly subsumed by determined competitors with deep pockets (Novell versus Microsoft) and open software married to cheap hardware (Sun versus Linux). This time, he’s marrying both in an attempt to remake mobile computing in Google’s image by taking on Apple and the wireless carriers.

Schmidt has no obligations to Novell anymore; in fact, he’s taking some of Novell’s market share (as shown above).

In South Africa, the departure of Stafford Masie from Google is called one of the top 10 ICT stories of 2009. Masie previously quit Novell South Africa.

4. Head of Google South Africa’s resignation
Stafford Masie, Chief Executive of Google South Africa, resigned from his position at the company in March 2009, citing personal reasons. Masie joined Google in 2007, after working as the South African country manager of Novell.

Jim Tanner, who has some Novell background, is becoming Senior Vice President (SVP) at inContact. Here is some coverage about it:

1. Tanner led the product and market strategy at software and telecommunications companies such as Unisys, Novell and Realm Business Solutions.

Prior to inContact, Tanner led the product and market strategy at software and telecommunications companies such as Unisys, Novell and Realm Business Solutions.

2. Jim Tanner Joins inContact as Senior Vice President of Product and Strategy

3. Jim Tanner becomes Senior Vice President of Product and Strategy of inContact

4. inContact names Jim Tanner as senior VP of product and strategy

Tanner has experience in leading product and market strategy at software and telecommunications companies like Unisys, Novell and Realm Business Solutions prior to joining inContact.

Nancy Reynolds, who used to work for Novell, is becoming the channel chief of Kaspersky. This was covered in:

1. First take on Nancy Reynolds as Kaspersky channel chief

2. Kaspersky hires ex-Novell/Dell executive as its channel chief

3. Kaspersky Snags Dell Channel Star To Lead Sales Charge

4. Reynolds To Propel Kaspersky’s Enterprise Push

5. Channel Advocate Joins Kaspersky Lab Americas To Lead Corporate Sales Division

6. Nancy Reynolds Leaves Dell to Join Kaspersky Lab

“Nancy is one of the top channel executives in the industry. Her experience, work ethic and passion for winning make her an asset to any organization,” Gary Abad, vice president of channel sales at F5 Networks, wrote on Reynolds’ LinkedIn profile. Abad worked with Reynolds at Novell as vice present of channel sales.

7. Kaspersky Lab Planning Managed Security Services Strategy

Kaspersky Lab, the fast-growing anti-virus software provider, is planning a managed services partner strategy that will likely surface within 30 to 60 days, according to Senior VP of Corporate Sales Nancy Reynolds. Kaspersky’s move is part of a larger trend: Multiple anti-virus companies — McAfee, Panda Security, Sophos, Symantec and Trend Micro — are polishing their managed services strategies. Here’s a sampling of where we’re heading.

Here is the press release.

Stephanie Tilton, from whom came some Novell marketing material, is mentioned here.

Harnessing her unique blend of technical knowledge, marketing savvy, and writing skills, Stephanie has crafted nearly 100 case studies and white papers for leading brands such as Akamai Technologies, EMC, Macromedia, Novell, SAP, and Symantec. Her website is Ten Ton Marketing.


There is nothing major here this week, but Novell was just mentioned in a couple of press releases from Unitrends [1, 2], which can also be seen in this site and that site:

JSO Technology, a Wauawatosa based consulting firm is pleased to announce their partnership with Unitrends. Unitrends is a leading provider of innovative, integrated solutions that protect and restore critical data and systems.


Whether it is for a new Windows Server 2008 with Exchange Server 2010 or VMware vSphere 4 server, backup for a legacy Novell Netware or Windows NT 3.5 server, backup for a developer’s Linux workstation or a sales rep’s Windows 7 notebook, backup for a SAN, NAS, or simply a directly-attached disk drive or a simple PC, Unitrends can address most of our customer’s back up requirements.”

Novell certifications were mentioned here and an old partner, Wyse, includes Novell in its latest two press releases [1, 2]. Novell also got mentioned by Computhink.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New

  1. EPO Did Not Want to Take Down One Techrights Article, It Wanted to Take Down Many Articles Using Intimidation, SLAPPing, and Psychological Manipulation Late on a Friday Night

    Recalling the dirty tactics by which the European Patent Office sought to remove criticism of its dirty secret deals with large corporations, for whom it made available and was increasingly offering preferential treatment

  2. The European Private Office: What Was Once a Public Service is Now Crony Capitalism With Private Contractors

    The increasing privatisation of the European Patent Office (EPO), resembling what happens in the UK to the NHS, shows that the real goal is to crush the quality of the service and instead serve a bunch of rich and powerful interests, in defiance of the original goals of this well-funded (by taxpayers) organisation

  3. Microsoft Once Again Disregards People's Settings and Abuses Them, Again Pretends It's Just an Accident

    A conceited corporation, Microsoft, shows not only that it exploits its botnet to forcibly download massive binaries without consent but also that it vainly overrides people's privacy settings to spy on these people, sometimes with help from malicious hardware vendors such as Dell or Lenovo

  4. When the EPO Liaised With Capone (Literally) to Silence Bloggers, Delete Articles

    A dissection of the EPO's current media strategy, which involves not only funneling money into the media but also actively silencing opposing views

  5. Blogger Who Wrote About the EPO's Abuses Retires

    Bloggers' independent rebuttal capability against a media apparatus that is deep in the EPO's pocket is greatly diminished as Jeremy Phillips suddenly retires

  6. Leaked: EPO Award of €880,000 “in Order to Address the Media Presence of the EPO” (Reputation Laundering)

    The European Patent Office, a public body, wastes extravagant amounts of money on public relations (for 'damage control', like FIFA's) in an effort to undermine critics, not only among staff (internally) but also among the media (externally)

  7. Links 27/11/2015: KDE Plasma 5.5 Plans, Oracle Linux 7.2

    Links for the day

  8. Documents Needed: Contract or Information About EPO PR/Media Campaign to Mislead the World

    Rumour that the EPO spends almost as much as a million US dollars “with some selected press agencies to refurbish the image of the EPO”

  9. Guest Post: The EPO, EPC, Unitary Patent and the Money Issue

    Remarks on the Unitary Patent (UP) and the lesser-known aspects of the EPO and EPC, where the “real issue is money, about which very little is discussed in public...”

  10. Saving the Integrity of the European Patent Office (EPO)

    Some timely perspective on what's needed at the European Patent Office, which was detabilised by 'virtue' of making tyrants its official figureheads

  11. A Call for Bloggers and Journalists: Did EPO Intimidate and Threaten You Too? Please Speak Out.

    An effort to discover just how many people out there have been subjected to censorship and/or self-censorship by EPO aggression against the media

  12. European Patent Office (EPO) a “Kingdom Above the EU Countries, a Tyranny With ZERO Accountability”

    Criticism of the EPO's thuggish behaviour and endless efforts to crush dissenting voices by all means available, even when these means are in clear violation of international or European laws

  13. Links 26/11/2015: The $5 Raspberry Pi Zero, Running Sans Systemd Gets Hard

    Links for the day

  14. EPO Management Needs to Finally Recognise That It Itself is the Issue, Not the Staff or the Unions

    A showing of dissent even from the representatives whom the EPO tightly controls and why the latest union-busting goes a lot further than most people realise

  15. Even the EPO Central Staff Committee is Unhappy With EPO Management

    The questions asked by the Central Staff Committee shared for the public to see that not only a single union is concerned about the management's behaviour

  16. The Broken Window Economics of Patent Trolls Are Already Coming to Europe

    The plague which is widely known as patent trolls (non-practicing entities that prey on practicing companies) is being spread to Europe, owing in part to misguided policies and patent maximalists

  17. Debunking the EPO's Latest Marketing Nonsense From Les Échos and More on Benoît Battistelli's Nastygram to French Politician

    Our detailed remarks about French brainwash from the EPO's media partner (with Benoît Battistelli extensively quoted) and the concerns increasingly raised by French politicians, who urge for national or even continental intervention

  18. The Sun King Delusion: The Views of Techrights Are Just a Mirror of EPO Staff Unions

    Tackling some emerging spin we have seen coming from Battistelli's private letters -- spin which strives to project the views of Techrights onto staff unions and why it's very hypocritical a form of spin

  19. Links 25/11/2015: Webconverger 33.1, Netrunner 17 Released

    Links for the day

  20. United They Stand: FFPE-EPO Supports Suspended Staff Representatives From SUEPO

    An obscure union from the Dutch side of things at the EPO is expressing support for the suspended colleagues from SUEPO (more German than Dutch)

  21. Censoring WIPR Article About Censorship by EPO

    A testament to how terrified journalists have become when it comes to EPO coverage, to the point of deleting entire paragraphs

  22. Censorship at the EPO Escalates: Now We Have Threats to Sue Publishers

    Having already blocked Techrights, the EPO's management proceeds to further suppressions of speech, impeding its staff's access to independently-distributed information (neither ordinary staff nor management)

  23. Response to Bogus Accusations That EPO Staff Protests Are Really an Attempt to Derail UPC

    Common myths about staff protests in the European Patent Office (EPO) debunked, with some additional background and general perspective on recent events, the unitary patent (UPC) and so on

  24. New Heise Article Makes It Clear That 'Nazi'-Themed Accusations Against the Suspended Board Judge Were Insufficiently Substantiated

    The personal attacks on a judge who was illegally suspended (a so-called 'house ban') increasingly look like the management's own campaign of defamation, mostly intended to marginalise and punish a judge who spoke about serious charges against VP4 (Željko Topić)

  25. Links 24/11/2015: Asus Chromebit CS10, Second Linux 4.4 RC

    Links for the day

  26. European Central Bank Staff Committee Adds to Growing Pressure on Abusive EPO Management

    The staff representatives of the European Central Bank E-mail their colleagues -- with European Central Bank managers' approval -- regarding the European Patent Office and its attacks on staff unions

  27. Gross Violation of Workers' Rights in EPO: Denial of Christmas Vacation/Leave for Slower Workers

    A look at an E-mail from within the EPO which shows how Christmas is used to squeeze staff, urging them to work even faster (despite speed gains) or lose their Christmas leave

  28. The Bogus Narrative Floated by EPO Management: Our Judges and Examiners Are Armed and Violent

    A look at the union-busting and protest-crushing moves from high-level EPO managers, who are trying to convince politicians that they do so in an effort to stop terrorists and neo-Nazis

  29. Support SUEPO or End Up Like They and Some of the Boards Did

    SUEPO, the fast-growing staff union of the EPO, increasingly needs the support and protection offered by action and participation from staff

  30. NRC Handelsblad (Dutch Evening Newspaper) Speaks About EPO's Refusal to Accept Court Orders From The Hague

    Article explains the depths of the issues inside the EPO and the unacceptable immunity that management at the EPO continues to exploit, shaming or discrediting the very notion of the rule of law in Europe


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time


Recent Posts