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

04.22.11

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

Posted in GNU/Linux, Microsoft, Novell, OIN, OpenSUSE, Patents at 5:43 am by Dr. Roy Schestowitz

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.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. 'Appeal to Novelty' as a Lever for Proprietary Software Monopolies, Bloat (Planned Obsolescence) and More Surveillance

    Novelty is generally fine, but in many cases products are developed iteratively (not cumulatively) not to advance society or to objectively improve services, only to increase control over people (because emergent ‘freemium’-like business models nowadays revolve around addiction and subjugation, e.g. ‘brain-farming’ and manipulation of minds)



  2. IRC Proceedings: Friday, September 25, 2020

    IRC logs for Friday, September 25, 2020



  3. Microsoft Windows is Obsolete

    The so-called 'leak' of old Windows code (almost 20 years old) is rather meaningless and useless; the world is moving past Windows, plus old Windows code cannot be used (due to the licence) and is barely used anymore, even in binary form



  4. [Meme] Conflating Critics of Corporate/Class Abuse With Womanisers and Chauvinists (and Now Doing the Same to Influential Women)

    It's regretful to see real victims of discrimination having their grievances and legitimate causes hijacked by opportunistic corporate media, which rallies a bunch of Internet trolls while oligarchs sponsor the whole thing, emboldening attacks on critics of powerful people (the likes of Jordan Peterson are a distraction; even women are nowadays being targeted using the very same tricks)



  5. Losing the Battle for Rights/Justice, Freedom/Liberty, and Emancipation Potential

    We're losing our most basic rights amid transition to "digital"; too little is being done to push back against this worrisome trend, which necessarily means reduction in both our freedom and our fundamental human rights



  6. Response to Eric Raymond (ESR) on “Last Phase of the Desktop Wars”

    Eric Raymond (ESR) talks about Microsoft's "embrace"; but there are many misunderstandings and misconceptions in his blog post, as we'll explain patiently, based on known facts



  7. Links 25/9/2020: Calibre 5.0, Fedora 33 Beta Days Away, Snap Setback

    Links for the day



  8. Faking 'Progress' to Distract From True Justice or From a Full, Meaningful Reform

    Activism for truly meaningful change doesn't stop at superficialities and cosmetic changes (which merely give a false sense/impression of accomplishment, resulting in inaction); we need to regularly consider how to dismantle injustice, not based on the criteria set by oligarchs-owned media, rallying gullible mobs to appease only big egos



  9. IRC Proceedings: Thursday, September 24, 2020

    IRC logs for Thursday, September 24, 2020



  10. Richard Stallman: New Interview About Privacy (Published This Morning)

    “The last few months have put data protection back in the spotlight. During a crisis of this kind, do we have to choose between safety and privacy? We talked about this with Richard Stallman, digital privacy activist and the founder of the Free Software Movement,” RT says



  11. Links 25/9/2020: PostgreSQL 13, DragonFly 5.8.2 and Python 3.8.6

    Links for the day



  12. Code of Ethics Versus Code of Conduct in Action

    Reprinted from Daniel Pocock's Web site



  13. Linux Foundation: “Transformation Through Open Source” is Proprietary Software That Rejects Linux

    The Linux Foundation, run by proprietary software companies that don’t really care about Linux, is still a lot more about openwashing (perception management techniques) than about “Open Source” or even Linux (which most of the Foundation rejects)



  14. Links 24/9/2020: KaOS 2020.09, Arch Conf 2020 Coming, IBM Z Day 2020 Ends

    Links for the day



  15. At ZDNet, in 2020, “Linux” Means Microsoft and Windows

    The incredible charade of ZDNet carries on; the site whose parent company went bust last December isn’t even trying to hide its true agenda



  16. Red Hat is Spamming People in Order to Promote Its Sites and Its Products, Subscribing People to Mass-Marketing Lists Without the Recipients' Consent

    "Engagements" from Red Hat; have the IBM-led marketing people gone overboard, subscribing lots of people to marketing spam without bothering to ask for consent?



  17. “If I'm the Father of Open Source, It Was Done by Artificial Insemination With Stolen Sperm”

    The father of the Free software movement, Richard Stallman, is being wrongly compared to some patron of an “open source” ‘movement’ (an early effort to cancel Stallman and the FSF), which is basically a hostile corporations-led ploy these days



  18. IRC Proceedings: Wednesday, September 23, 2020

    IRC logs for Wednesday, September 23, 2020



  19. The Second Wave (of Free/Libre Software)

    Despite some major setbacks and new threats to digital freedom (autonomy is perhaps a more suitable term), progress is being made and activism must adapt to tackle newer trends



  20. Exploring the Relationship Between Red Hat and Microsoft: They're Barely Even Rivals Anymore

    The ‘older Microsoft’ (serial monopolist IBM) bought Red Hat, but evidence shows that one would be wrong to assume Red Hat really competes against Microsoft (any more than Novell did; there’s a strong relationship)



  21. Microsoft Lost More Than 15 Million Web Domains in One Month!

    Microsoft's presence on the Web is being reduced to ridiculously low levels; sooner or later Microsoft will turn from 'king' of parked (unused) domains to master of nothing



  22. Links 23/9/2020: Lenovo's Deeper GNU/Linux Dive and Tor Browser 10/Tails 4.10

    Links for the day



  23. IRC Proceedings: Tuesday, September 22, 2020

    IRC logs for Tuesday, September 22, 2020



  24. The Latest Greenwashing Campaign by the EPO is Just 'Chinese Propaganda'

    When the EPO speaks of “innovation” and “clean energy transition” it means nothing but patents on batteries, in effect monopolies being granted in Europe (to a lot of Asian — not European — companies)



  25. Links 23/9/2020: Librem 14 Shipping in December, Linux Journal Returns, Istio 1.6.10 Released, Release Candidate 3 of LLVM 11.0

    Links for the day



  26. Welcome Back, Linux Journal!

    Linux Journal is coming back under the ownership/umbrella of Slashdot folks, who are sadly preoccupied and obsessed with Microsoft talking points and PR campaigns



  27. What the Efforts to Remove Dr. Stallman Reveal About the Agenda of Large Corporations (Looking to Absorb the Competition, Remove Freedom, Spread Proprietary Software in 'Open' Clothing)

    Richard Stallman's (RMS) positions and foresight are usually correct; at the moment we're losing access to key people whose leadership positions are essential for the independence of cornerstone projects



  28. Links 22/9/2020: Tails 4.11, Linux Lite 5.2 RC1

    Links for the day



  29. Minimalism for Maximisation of Productivity and Clutter Mitigation

    Unfortunately, GNU/Linux (especially the latter, Linux) embraces bloat and anti-features in pursuit of sales (appeasing large corporations, not users’ needs), reducing the modularity, reliability and productivity of computer systems in the name of helping “dumb” users (they keep telling us people are very dumb and those who disagree are “elitist” and “extremist” or even “neckbeards” — in effect insulting every person out there)



  30. IRC Proceedings: Monday, September 21, 2020

    IRC logs for Monday, September 21, 2020


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

Recent Posts