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

12.17.10

New Details Surface About Novell/Microsoft/AttachMSFT [sic] Deal

Posted in Apple, Deals, Microsoft, Novell, Oracle, Patents at 2:47 pm by Dr. Roy Schestowitz

V for vendetta

Summary: The real face of CPTN, the entity which got Novell’s software patents; more revelations about how Novell’s deal came about

WE HAVE written over 20 posts about the subject since Novell was sold (despite impending litigation) and it was never known to the full extent just what Novell did and where assets were being passed. First there was turmoil over the assumption that Microsoft may have acquired UNIX from Novell. Shortly after Novell was publicly flogged for it the CMO of the company came out with an important statement denying this claim (AttachMSFT [sic] might still sell UNIX though). It was still assumed at the time that CPTN was merely a Microsoft shell [1, 2, 3, 4, 5, 6, 7] as no company other than Microsoft was named as a member. Well, none until now anyway. A group of Microsoft proponents [1, 2] says that Apple, Oracle and EMC are also part of CPTN (not principal ones though) and Groklaw theorises that it’s ill-intended and dangerous to Linux. From its new post on the subject:

So what’s the common interest? “Let’s all kill Android”? There’s a limit on that, in that Google is also an Open Invention Network member, so it has a license to these Novell patents already. Of course there could be more than one theme, virtualization, office suites.

Don’t forget that if you sign up with Open Invention Network before this deal closes, you will have a license in perpetuity to all those patents, and more, and these Machiavellian dudes won’t be able to mess with you. Here’s the article that provides information on where to sign up and who qualifies and what is required.

By the way, Oracle is a member of OIN, so it knows how it works. If it wanted to prevent patent litigation, all it had to do was buy all the patents. So I will assume they plan to use these patents, claiming they belong to the consortium and are therefore not donated to the OIN pool. Alternatively, looking at matters more positively, perhaps it wished to exercise some control over what Microsoft does with the patents.

Groklaw also thinks it’s an anti-Android plot despite the fact that VMware recently released software for Android and all we know about Oracle-Apple is not a sufficiently strong link [1, 2, 3, 4]. Moreover, Oracle has too much to lose if it harms Linux (Solaris notwithstanding). Groklaw is very familiar with the SCOracle [sic] case, which it has been tracking quite closely so far, so Groklaw’s opinion is nothing to sneeze at. From the latest status report at Groklaw:

The Oracle v. Google Java litigation now begins in earnest, with each side offering a proposed protective order, along with a handy table of the disputed provisions. Say, I think Groklaw has a claim for prior art on that kind of table.

Could some rival of Android have motivated Oracle to sue? It’s not possible to tell with any conviction at this moment. The same goes for the Traul Allen case from Interval — a case that was dismissed [1, 2] but Groklaw declared the end of it before it was over for good. By the way, the MSBBC’s coverage of this dismissal was atrocious, as expected. It even glamourised Traul Allen for this pathological, irrational, antisocial behaviour.

In addition to the news about CPTN, there is also news from the VAR Guy, who sheds lights on what exactly was going on behind the scenes when Novell looked for buyers:

Overall, Novell representatives contacted 52 potential buyers. Roughly nine official bidders emerged. So how did Attachmate wind up buying the bulk of Novell’s assets? And what happened to rumored SUSE Linux bids from VMware? In a preliminary proxy statement dated December 14, Novell offers an extensive time line describing how the company’s board of directors, executive team, and external financial advisors pursued potential buyers for the company. The filing is more than 100 pages. Here are some of the highlights, paraphrased by The VAR Guy. Please note:

* The vast majority of the info below is based on information within Novell’s SEC filing.
* Novell protects the names of several bidders, referring to them as Party A through Party E. In some cases, The VAR Guy makes some educated guesses about the actual identity of each company. But The VAR Guy’s educated guesses could be wrong.

Regarding anti-Android lawsuits, Mac Asay [sic] wrote this new article where he claims the lawsuit are evidence of Linux and open source success (it is embedded in almost everything).

Google came up with two on its own – Android and Chrome OS – to cover its bases on encouraging geeks to contribute to Google’s total world domination. And while Chrome OS never quite got out the gate in 2010, despite assurances that it would ship in late fall, Android more than made up for Chrome OS’ delays, with Google’s Andy Rubin tweeting: “There are over 300,000 Android phones activated each day.”

That’s a heck of a lot of phones running open source. Even more than Apple ships.

Apple, of course, didn’t let this open-source momentum go unnoticed, and launched a lawsuit against Google’s Android through its licensee, HTC. Not to be outdone, Microsoft and Oracle also sent lawyers to the Googleplex. About the only company that didn’t is Research in Motion. Nice Canadians.

Not only Linux is a target of such mobile phone lawsuits. There are more new lawsuits right now and they come from Symbian giant Nokia to apply pressure on Apple:

Nokia has just released a press release announcing that it has filed claims in the UK, Germany and Holland, alleging that Apple has infringed on Nokia products sold in those respective countries in regards to technologies used it the iPhone, iPad and iPod Touch.

In response, writes Rupert Goodwins (UK-based journalist): “I find this profoundly depressing. Does history mean nothing in the face of short-term reactive capitalism?

The patent lawyers are watching this carefully (still afraid of losing software patents) and TechDirt jokes that creating flight plans on the Internet is now patented. Hilarious! Sane judges can view this as further evidence of BM/SW patents needing abolition.

Thanks to Kiran Lightpaw for alerting us to yet another example of patents being used to stifle innovation, rather than enable it. It involves a company called FlightPrep, that secured a patent (7,640,098) a year ago, covering generating a flight plan online and filing it online. Basically, it’s one of your typical “just add online and patent it!” patents that never should have been granted. In fact, the patent, which was first applied for in 2001 was rejected repeatedly, and many adjustments had to be made before the patent examiner finally gave them the patent.

Once they got the patent, they apparently started hitting up all sorts of online flightplan services for licenses — even ones that appear to have been online predating some of the claims in their patent. Nelson Minar, who knows more than a little bit about software development, does a nice job highlighting that there appears to be a fair bit of prior art to the claims that were actually approved.

Free software would have won far more easily if there were no software patents, which cannot be justified on economic grounds anyway. Everyone needs to demand elimination of software patents to hasten development and research efforts. Patents help society as much as Wall Street does.

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. 'Reform' at the EPO Means Destroying the Staff Union, Crushing Patent Examiners, and Imposing on Europe a System It Does Not Want (UPC)

    The chaotic transition at the EPO -- a transition from something which has been workable to something intolerable -- and the role of the Unitary Patent (UPC), which lurks in the shadows and threatens to harm the whole of Europe



  2. Shakeup Against Patent Parasites in the US and More Rumours/Speculations About USPTO Director Michelle Lee After Trump's Inauguration

    The US patent system is becoming ever more hostile towards patent trolls, owing in part to reforms introduced under Michelle Lee's tenure, but people are still not certain that she will maintain her job and continue to fix the system



  3. EPO Abuses Now Make the Netherlands Look Like a Facilitator of Human/Labour Rights Abuses

    Rather than crack down on human rights abuses, the Dutch government now sends out the signal that it's an island for those wish to violate human rights whilst enjoying immunity (EPO)



  4. Links 20/1/2017: Docker 1.13, Linux 4.4.44 LTS

    Links for the day



  5. “Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

    The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists



  6. Kudelski Group Not Only Acts Like a Patent Troll But Also Run by Intellectual Ventures Person; Mobile Market in Dire State of Patent Armageddon

    The patent thicket which pervades everything that is used by billions of people, mobile technology in particular, can be traced back to a lot of non-practicing parasites (or patent trolls)



  7. Watchtroll and His Swamp Still Blame Google (Where Michelle Lee Came From) for Improving and Gradually Fixing Aspects of the US Patent System

    Shooting the messengers (even wrongly associating yours truly with Google) in an effort to undermine patent reform when it is so desperately needed due to serious injustices



  8. In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

    Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group



  9. Michelle Lee, USPTO Director, Should Recognise That the Patent Microcosm is Her Enemy Which Hates Her

    The latest outburst from the patent microcosm, which has a temper issue and notorious disdain for judges it does not agree with, is more of what we have come to expect



  10. Battistelli is an Autocrat Above the Law and It's OK, Holland's High Council Says

    Battistelli's autocratic tendencies will not be challenged by Dutch authorities, in spite of sheer condemnation from many groups all across Europe and the entire world



  11. Beware Fake News About the Unitary Patent (UPC)

    The UPC is dead, deadlocked, stuck, in a limbo and so on; those who claim otherwise are merely lobbying (in disguise of "analysis" or "news")



  12. Shame on MapR for Pursuing Software Patents While Pretending to Stand for Free/Open Source Software

    The patents gold rush sees another company joining the 'fun', albeit this company should campaign hard against software patents rather than pursue any



  13. Doomsday Scenario in the Back Mirror as Michelle Lee Keeps Her Job (and Much-Needed Patent Reform) at the USPTO

    The future of patent reform, i.e. tackling overpatenting and patent trolls, looks somewhat more promising with today's confirmation of Lee's 'extended tenure' at the Office



  14. Links 19/1/2017: PulseAudio 10.0, Linux 4.9 Longterm Kernel

    Links for the day



  15. Corporate (Wall Street) Media Agrees That Brexit Dooms the Unitary Patent (UPC)

    The nonstop lies or the fake news about the UPC starting "real soon now" don't quite pass a reality check or a basic assessment based on fundamental concepts, such as the UPC's facilitation of subordination (to Europe) in the United Kingdom



  16. Farce of an 'Independence' for the Boards of Appeal as Another Ally of Benoît Battistelli Enters as Parasite Inside the 'Overseer'/Host

    The latest cluster of lies from the President of the European Patent Office (EPO) and direct refutation of false claims of independence for the Boards of Appeal, where the former Vice-Presidents can flock, just like the Mini Minion (Minnoye) of Battistelli



  17. Links 18/1/2017: Red Hat's OpenShift 3.4, Mozilla's New Logo/Branding

    Links for the day



  18. Union-Busting Action by Team Battistelli Takes Heavy Toll, Techrights Will Continue to Expose EPO Injustices to the World

    The Staff Union of the European Patent Office, SUEPO, which faced unprecedented and probably illegal (based on local laws) attacks, is being weakened by the worst President ever, whose own management team seems to be collapsing along with the institution he is destroying in just a few years



  19. A Lot More Fake News About the UPC, Trying to Convince People That the UK is Ratifying (It's Not, It Cannot)

    Response to some of the latest misleading (self-serving) whispers about the fate of the Unified Patent Court (UPC), which is in a deadlock due to Brexit



  20. Rumours Suggest That EPO Management is Aware of Decline in Patent Quality and is Thus Actively Lying About it to the Media/Public

    Whenever Battistelli brags about patent quality he may be consciously and deliberately lying through his teeth if the latest rumours are correct



  21. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  22. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  23. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  24. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  25. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day



  26. EPO Totally Silent for a Month, But Deep Inside There Are Serious Cracks

    The situation at the EPO seems to be pretty grim, even at the top-level management, and the EPO has gone into permanent silence mode



  27. Links 16/1/2017: Linux 4.10 RC4, Linux Mint 18.1 'Serena' KDE Edition Beta

    Links for the day



  28. 'Financial Director' Publishes Fake News About the Unitary Patent (UPC)

    Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm



  29. Independent and Untainted Web Sites About Patents Are Still Few and Rare

    Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them



  30. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation


CoPilotCo

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

CoPilotCo

Recent Posts