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04.21.11

How Novell Betrayed OIN and Joined Microsoft Instead

Posted in Microsoft, Novell, OIN, Patents, Tivoization at 2:09 pm by Dr. Roy Schestowitz

Old Bailey
The criminal court in London

Summary: News about CPTN, the Open Invention Network (OIN), and Microsoft patent cases

WAY back in the days, Novell took great pride in its OIN membership, reassuring us all that many of its patents were wonderfully innovative and benevolent because of the OIN. Novell actually used this propaganda for marketing of Novell’s products, even proprietary ones. It was the “goodwill” PR. Now that Novell is eager to give those patents to Microsoft, what is a person supposed to call Novell? There are many words that fit here and our readers and intelligent enough to fill the gap.

The latest CPTN development is now described by IDG, which correctly states that this is “Microsoft’s Purchase”, not the shell it’s hiding behind (like OuterCurve [1, 2] and others) for regulatory reasons and PR purposes. Novell should be shamed and boycotted for what it is doing here. Even when it’s sold to AttachMSFT, its products ought to be avoided. There is no point in asking Novell to withdraw the CPTN agreement because a withdrawal is not going to happen. Novell is now run by a bunch of Microsoft vassals, to whom monetary gifts from Microsoft — Trojan horses included — are a matter of priority.

“Novell should be shamed and boycotted for what it is doing here.”So anyway, what will it be for OIN if CPTN (Microsoft proxy) gets some of the patents once owned by the OIN? We covered this some months ago when companies reacted by joining the OIN before the closure of Novell’s deal. Ever since then OIN grew 28 percent (in the first quarter alone!) and CIS — with roots in OSDL because of Stuart Cohen — will speak about that very soon. Facebook, a patent aggressor with Microsoft ownership (a partial stake), has also just joined the OIN this month and that says a lot. It was already mentioned in that previous post about Facebook joining. Since Microsoft Florian and other Linux haters from Microsoft circles spread so much FUD about the OIN, we can tell for sure that the OIN is doing something positive. So thanks, Florian, for validating what we already knew. Reading Florian is like reading manipulative strategies from within Microosft, the bias, defamation, FUD, and lies included. He is currently pushing for Microsoft to get Novell’s (and probably Nokia’s) patents, by proxy. As for the Nokia situation which he gloats over (premature sealing of the Microsoft deal [1, 2] with Elop), this should definitely get reported to the anti-cartel authorities in Germany, just like CPTN. Microsoft’s Elop, representing Nokia, signed the deal with his former employer very quickly, before an investigation for this cartel-like tactic or entryism could be announced. Even seniors at Nokia too called it a "take over" as opposed to a deal. This is an example of corruption, a white-collar offence that nobody seems to be investigating even though a lot of people complain. This is why Microsoft is generally distrusted or even loathed throughout the industry.

Some ‘Linux companies’ are notorious for a dubious patent strategy and no company is more notorious for it than TiVo, which turned into an aggressor and a loser in its fight for relevance. Here is the latest from the TiVo-EchoStar court case [1, 2]

A federal appeals court upheld a ruling that EchoStar infringed TiVo patents for digital recording technology, raising hopes the long legal battle could end with a TiVo victory.

TiVo shares shot up after the ruling, trading more than 30 percent higher in the early afternoon.

This is nothing to be celebrated. And one need not pardon TiVo for Tivoization, either.

Microsoft is also in court because of patent violations. It is the important case of i4i. Microsoft is in fact at the Supreme Court because it knowingly infringed patents and also engaged in trial misconduct, quite characteristically. Here is some of the latest coverage from IDG, in addition to SJVN’s take [1, 2]. There is another news article today about patent troll Ric Richardson, who used that joke of a ‘company’ called Uniloc (see [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]) to get a lot of money for code he did not write at all. Watch him help this propaganda piece titled “Innovation festival”:

Inventor Ric Richardson made a name (and a whole lot of money) for himself when his company Uniloc successfully sued Microsoft for a breach of their anti-piracy software patent.

Innovation in software happens at the keyboard, not a “festival” or even a patent lawyer’s office. Now, if only these patent trolls could lead Microsoft to finally flip-flopping on the software patents stance. It would be good to have more such trolls suing Microsoft. 50 is not enough.

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