Bonum Certa Men Certa

Novell's Software Patents and Microsoft Copycats Turn Into Greater Threats to GNU/Linux

"Inventive people [at Novell] write more software patents per capita than anywhere else."

--Jeff Jaffe, Novell CTO at the time



Summary: Further analysis of what Novell's likely sale means when it comes to its patents and what it is currently doing to MeeGo, to which it added a Mono stack

LinuxCon 2010 is almost upon us (Microsoft will be there too). The CEO of OIN will speak about patent trolls in a talk titled "Patents, Probes and Strength in Unity: Participate in Keeping Open Source Open". From the introduction/abstract of this talk:

Recently significant capital has been invested in patent speculation and for the last eighteen months, Congress has been discussing patent reform. Hedge funds in need of generating quick returns in this challenging market are seeking investments in patent trolls.


Yes, OIN says that hedge funds are looking for patent-trolling opportunities because there are good returns. Novell is being pursued by hedge funds while Apple and Microsoft happen to be investing in the world's largest patent troll too -- the same troll who collected the patents of Linux Torvalds' old employer.

What would happen if Novell got snapped by a hedge fund and its patents then auctioned?

Matt Asay, a former employee of Novell, explains why "Novell auction could be patent troll bonanza":

This wouldn't be so bad if it weren't for the fact that Novell has a treasure trove of patents, with at least 450 patents related to networking, office productivity applications, identity management, and more.

When I worked for Novell, we didn't worry too much about a lawsuit from Microsoft. After all, Novell had (and, I presume, still has) patents that directly impact Microsoft's Office business. I could see Microsoft lining up to buy out these patents from a private equity firm, but I could also see a non-practicing entity (aka "patent troll") buying them to extort money from Microsoft.

Perhaps some would cheer, but they shouldn't.

After all, Novell also has valuable Unix copyrights (sorry, SCO) which, in turn, affect Linux. Given Novell's history in the networking market, it almost certainly owns patents that also could have a big impact on defending Linux.

Or attacking it. Depending on who gets those patents.

This same intellectual property motivated Microsoft to pay Novell a $536 million settlement back in 2004. How much would Novell's intellectual property be worth to a patent troll?

[...]

Let's hope so. Novell long ago faded from many people's minds, but it has never been more relevant with its business and, by extension, its intellectual property, available for the highest bidder.


Novell keeps accumulating more and more software patents every month, as we last showed and warned about some days ago. The OIN is being pointless here. OIN loves to talk about "good" software patents, but a good software patent is like a "good" nuclear warhead. You just don't want any of that stuff around and once you make it, it is hard to get rid of (although it can wind up changing hands and reaching fanatics like trolls).

The post from Asay has attracted some interesting comments (some inane ones too). Novell's CMO left the following comment twice:

Matt,

I understand your need to editorialize our earnings. To be accurate, our revenue (not earnings), driven by services decline you point out, was down 5.4%. As you have long criticized our Microsoft partnership, I'm sure you took note that our core Linux products - EXCLUDING Microsoft certificates, yielded an impressive 46% invoicing growth in Q2.

John Dragoon


In the latest episode of The Linux Link Tech Show [Ogg], the guys are discussing what would happen if Google bought Novell (it starts around 27min:50sec). Who would possibly want to buy Novell as a whole? The company is so diverse; it's all over the place, so it happens to compete against almost any company that's a potential buyer.

"Novell Revenues, Linux Business Slide," says the headline of this new article, which concurs with our insinuation that Novell will need to sell.

It's been a tough quarter quarter for Novell (NASDAQ: NOVL) as questions about its future ownership remain on the table. Novell is also facing pricing pressure on its Linux business as renewals come up on Microsoft's SUSE Linux Enterprise subscriptions.

Novell this week reported its second-quarter fiscal 2010 earnings, showing a decline in revenue, which came in at $204 million for the quarter, a drop from the $216 million it brought in a year earlier. On the positive side, net income hit $20 million or $0.06 per share, which is an improvement over the $16 million or $0.05 per share Novell reported for the second quarter of 2009.

But the slide in revenue continues for Novell, which provided third-quarter revenue guidance for revenues between $205 million and $210 million.


In the mean time -- until Novell sells itself to someone else -- Mono continues to spread, even in MeeGo. Novell employees put software which Microsoft clearly excluded from the MCP right inside MeeGo (that would be Banshee, which has a vision of connecting with Moonlight). Meeks puts Novell's Evolution Express in:

Some ramblings about the creation of a new user interface for mail, calendaring etc. specifically for MeeGo; something I've been working on, amongst other things, for the last three months.

[...]

Initially for Moblin 2.1 we tried a more invasive re-working of the user-experience: called Anjal. That was not uniformly positive, missing many features (by design), and didn't have enough time to mature. As such, it was decided by the MeeGo team that we should try a new approach. This would take Evolution, and adapt it's UI for the netbook screen-size, tweaking all the relevant defaults. We would merge the best features from Anjal, and then build from there. The result is some great MeeGo, netbook goodness, despite being done at high speed over three months.


Meeks and his own software patents were covered here before. Well, at Novell, even British workers apply for US software patents that are not legitimate in Britain.

On the relatively positive side, more software is being created which can replace the Mono intrusion vector known as GNOME Do. Here is a new article which compares Launchy, GNOME Do, and Kupfer.

To many people, application launchers are not really worth much attention. After all, it’s just a box to type in a command, right? Perhaps that used to be it, but these days there are some tiny programs that can make a huge difference in productivity. Not only can you run a command, but you can search for files, search the web, check the weather, even run a mini calculator. Today we’ll compare three of the better known launchers for Linux – Launchy, GNOME Do, and Kupfer. While they all have roughly the same function, each has a different take on how it should be done, and the configuration capabilities vary greatly from one to the next. Here, you’ll see what makes each one unique and hopefully find the one that works best for you.


In summary, Novell is polluting GNU/Linux environments with Microsoft software patents which Microsoft has explicitly excluded from its so-called 'promise' (MCP). At the same time, Novell's own software patents are at risk of being handed over to entities which would use them aggressively, even against UNIX/Linux.

Recent Techrights' Posts

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance