Bonum Certa Men Certa

Microsoft's Refined Plan of Using Novell to Attack Competitors

Summary: The Linux-hostile strategy at Microsoft evolves to get around regulators and further the patent agenda; Novell's acquisition delayed until exactly one week from now

Microsoft remains a top patent threat simply because it is doing anything which deserves this label. It is not a scapegoat. Linux foes like Microsoft Florian seem to be part of the PR campaign which paints Google -- not Microsoft -- as the patent problem. Here is one recent rebuttal to Florian's latest lies and distortions:



I’ve been sitting back watching the newest Florian Müller psycho babble play out. It always plays to the same formula. Florian Müller raises the alarm. The people who actually know what they are talking about explain why Florian is wrong. Again.

Let’s face it. Either Florian isn’t all that bright, or someone is paying him to make his statements. No one could be this consistently, stupidly, wrong. It’s just not possible. People learn. Learning is the basis of human existence.

[...]

The next day, Florian Müller starts off a blog post with the sentence Intellectual property issues continue to cloud Google’s mobile operating system. Do you see a pattern here folks?

[...]

He’s not a programmer. He’s not a lawyer. Just how does he have the skills to reach a conclusion? Is he even thinking?


In light of news like this (which we mentioned earlier) the inflammatory FUD machine of Florian is once again trying to incite people against Google, which has no history of patent aggression. The article says:

Hopeful of dissuading further patent lawsuits against its Android partners, Google (NSDQ: GOOG) went public Monday with its intention to bid on a patent library held by bankrupt telecom company Nortel and said it had been selected to open the bidding with a $900 million offer.


Tell the FUD machine that Google is at least not using patents offensively, at least so far. Microsoft Nick (the Microsoft booster Nicholas Kolakowski) joins the voices which predict trouble for Android (and therefore interest in Vista Phony 7, which is ridiculous). Microsoft's partners at Ziff Davis [1, 2, 3] even put this stuff from Microsoft Nick in a Linux site while the scrupulous Sys-Con [1, 2, 3, 4] still makes room for SCO defender Maureen O'Gara [1, 2] (also a Microsoft booster/story 'planter' , who is still pushing the same agenda as she is boosting SCO, too). They are are eager to see Novell's patents coming to Microsoft's own extortions portfolio. There is reportedly some Microsoft-AttachMSFT interaction around patents and Microsoft booster Gavin Clark has this to say:

The Microsoft-led consortium of tech companies trying to hoover up nearly 1,000 of Novell's patents is back in business.

CPTN Holdings re-registered with German authorities on Wednesday, according to the website of the German Federal Cartel Office. Plans to create CPTN as a German entity were withdrawn in December 2010.

CPTN is buying 882 of Novell's patents in a deal with soon-to-be Novell-owner Attachmate. Apple, EMC, and Oracle are also members of CPTN, but it's helmed by Redmond.


Everyone which we found covering this has some special relationship with Microsoft. That includes Microsoft Florian, who got access to inside information whose publication was beneficial to Microsoft. On a public level, Novell has this to say about CPTN (from its SEC filing):

The merger contemplated by the merger agreement remains subject to the satisfaction or waiver of certain closing conditions, including the closing of the sale of certain identified issued patents and patent applications to CPTN Holdings LLC (“CPTN”) pursuant to a Patent Purchase Agreement, dated as of November 21, 2010. Under the Patent Purchase Agreement, one of the conditions to closing of the patent sale to CPTN remains the expiration of applicable waiting periods under the competition laws in Germany and the United States.

With respect to Germany, on December 30, 2010, the CPTN consortium had voluntarily withdrawn its filed notification in order to provide the Federal Cartel Office (the “FCO”) with more time to review the proposed patent sale. On March 23, 2011, the CPTN consortium, following discussions with the FCO, re-filed the notification. The re-filing starts a new one month review period under the German Act against Restraints of Competition in the version of 15 July 2005, as amended, during which the FCO could clear the transaction at any time.

In the United States, the Company previously reported that, on March 4, 2011, each of the Company and CPTN certified as to its substantial compliance with the second request for information from the Antitrust Division of the United States Department of Justice (the “DOJ”) and that each of the Company and CPTN has agreed to provide the DOJ with additional time to review the patent sale and not to close the patent sale prior to April 12, 2011.

The Company remains committed to working with the DOJ and FCO as they conduct their respective reviews of the patent sale. The patent sale remains subject to the satisfaction or waiver of other closing conditions as set forth in the Patent Purchase Agreement.


This may soon be addressed according to other reports, e.g. [1, 2] from the news, including one report from the 11th of March (following an earlier report) that says: "Novell said yesterday the Department of Justice needs more time to investigate its sale of Linux patents to Microsoft."

Maureen O'Gara and others name April 12th as the day to look forward to (or not to look forward to). The Microsoft camp would love to see Microsoft putting its hands on those thousand patents (or almost a thousand patents) for the purpose of patent manipulation. Novell has patents which relate to UNIX. Since Microsoft mostly sues companies which use Linux these days, what does that say about Novell's decision to give Microsoft patents?

Ron Hovsepian begs Ballmer

Recent Techrights' Posts

It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
 
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026