Bonum Certa Men Certa

Groklaw Opposes Novell's Membership in the Linux Foundation, Due to Microsoft Ties

Linux Foundation



Summary: "Novell sold out the community," explains the editor of Groklaw, who proceeds to warning about other vassals of Microsoft that infiltrate the Linux community to change its goals Kamikaze-style

Yesterday we wrote a couple of posts about Novell and the OIN [1, 2], noting quite rightly based on the evidence that Novell is betraying the OIN and turning its back on the GNU/Linux community by giving software patents to Microsoft.



For reasons we explained many times before (and provided supporting examples), Novell's role in the Linux Foundation was also somewhat dubious. Novell was Microsoft's bridge into the Linux Foundation (see the LF-Microsoft banner at the top, as we used it in this context a couple of years back).

“After Novell sold out the community, the Linux Foundation wants another Microsoft partner to join up and participate in groups working on legal topics?”
      --Pamela Jones
The Linux Foundation now opens its doors to a Yahoo! which is occupied by Microsoft folks and Groklaw is concerned. "After Novell sold out the community," explains Pamela Jones, "the Linux Foundation wants another Microsoft partner to join up and participate in groups working on legal topics? I can't imagine how anyone could imagine that would work out well. Why not just let Microsoft join, then, if they are going to get the news almost that fast, conceivably, anyway?"

Well, maybe put Elop in there too? That's already done because Nokia is a Gold Member and the Microsoft executives-occupied VMware, for example, is a Silver Member. Still far from entryism, but still...

It was only yesterday that we wrote about Microsoft's and Elop's (a Microsoft mole inside Nokia) sense of urgency in sealing the deal, with the possibility causing problems to Android, using patents too. Here is what Tim wrote amid the signing and the profits slump:

To me, this early signing shows that its crunch time. Microsoft in my view has realized its now or never and it’s got to be quick. Do I think this will make any difference to the acceptance of WP7? - No. Do I think the WP7 will be Ballmers final stand? - Yes. Do I think that everything concerning the WP7 is too little too late? – Yes.


Nokia has already given hints that it may use patents. Maybe it will even sell some to Microsoft if it cannot sue Android directly (it would be frowned upon by the Linux Foundation, even though SCOracle and Google were not secured by common membership in the OIN, for example). Novell "changes patent sale terms" to enable Microsoft to receive its patents, reports AP (via BusinessWeek). There too one can sense urgency:

The Justice Department said CPTN has altered the patent deal in a number of ways. Microsoft will sell back to Attachmate all of the patents that it would have received. But it will keep a license to use those patents as well as the patents that the other companies are purchasing and any patents that Novell keeps. EMC will not receive 33 Novell patents and applications that are related to visualization software.

In addition, all of the Novell patents included in the CPTN deal will be subject to open-source licenses for the GNU and Linux operating systems. CPTN won't have the right to limit which patents are available under the Linux license and neither CPTN nor its owners will attempt to influence or encourage Waltham, Mass.-based Novell or Attachmate to change which patents are available under the Linux license.


As legal people in Groklaw point out, comparing patents to matters of copyrights (GPL) hardly makes sense as that's like mixing apples and oranges, then comparing them. Additionally, they refer to GPLv2 and not "or later" (GPLv3 contains language that addresses software patents). "I'm not sure what this means," wrote Groklaw initially, "that the patents would be "subject to" the GPL. I'll try to find out." Groklaw also explains that AttachMSFT and Unxis are unlikely to make any case which jeopardises Linux because there is no copied code. To quote parts of the very interesting new article ("SCO's nemesis announces her retirement"):

Unxis is holding a busted hand if it has dreams of threatening to sue Linux users over copyrights again. "As for any hopes people have about suing others with the copyrights that the court ruled SCO didn't get, my analysis is that it won't work. The court ruled that Novell didn't transfer them," PJ said.

Even Attachmate, which is buying Novell and therefore might end up with the AT&T Unix copyrights, will find it very difficult to sue Linux users over those copyrights, PJ thinks. "If you know the history of Unix, you know, as pointed out in the USL/BSDi case in New Jersey, that for a long time AT&T relied on trade secret, not copyright, protection. Back then you had to register your copyright or you lost out and had to rely on trade secret instead. And that is precisely what AT&T did."


There is still no sign of commitment from AttachMSFT to OpenSUSE, which barely generates any news anymore, with few minor exceptions [1, 2]. What Novell truly left the Linux community with is Mono and Moonlight infestation which might take a very long time to clean up/wash away. Boycott Novell to defend Linux and GNU. Avoid Novell products like Mono.

Recent Techrights' Posts

Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025