Bonum Certa Men Certa

Novell's Global Effect on Perception of Software Patents

Dana Gardner has contributed an interesting piece to ECT News Network. In this short article he explains why Microsoft's recent actions do more to defeat its goals, rather than promote them. He also insinuates that, looking at the long term, Novell might be a victim in this highway to the success of GNU/Linux.

If Microsoft is willing to make a legal deal with Novell on Linux, why shouldn't it do the same with the global 2000 customers it sells to? Novell might be gone in a few years, but General Electric will still be around. So will Russia, China, Brazil, India and Massachusetts.

Remember when AOL thought it was doing the world's researchers a big favor and made a boatload of online user behavior data openly available?

Remember the unintended consequences?

It became fairly easy to link up user preference data with some actual identifiable users. Users were upset, AOL looked pretty goofy, and they apologized and back-tracked.

[...]

Well, thanks to Microsoft Latest News about Microsoft CEO Steve Ballmer's recent transparency on his beliefs about Linux and Windows, we have a similar unintended educational consequence in the works.

[...]

According to a recent survey at least partially backed by IBM, Linux has never been more attractive.


Thinking of Novell as a misfortunate sacrifice (a scapegoat even) seems like a misfit. Given all that Novell has gone through, as well as hateful messages from Microsoft, it is evident that Novell simply needed to search its archives and prevent repetition of its mistakes.

The cost of this validation for Linux, as confirmed by IBM and Stuart Cohen, despite the patent FUD---a little bonfire, at which Novell tossed wood---might be Novell's business prospects. As our reader John Schudy points out, even Novell customers gain no real protection from so-called patents.

We are currently seeking more proof that (at least some of) Novell employees acknowledge the need for patent protection. In my short coversation with Miguel de Icaza I was referred to something which, at least to me, sounds like a very bad tune. From de Icaza's blog:

"Not using Mono in any shape or form is not a blank waiver against patents. That means that even if you choose to stick to your beloved C, Python, C++ or anything else, for any new software you write, you are likely to infringe on someone else's patents (or even the same ones that Mono could potentially infringe)."


It sounds to me as though therein lies an admission by a prominent Novell figure that Linux infringes on software patents. If you are aware of a similar stance at Novell, please keep us informed. Novell has attempted to shrug off (or weasel out of) its commitment with Microsoft as far as patents are concerned. Some speculate that this retraction was driven and motivated by public relation needs rather than inherent belief.

Let us not forget that this company has recently been raving about its 'mixed source' strategy. I can recall at least 4 articles which contained this 'pitch', some of which have already been covered in this Web site. And even this morning, an article showed up, wherein that same chorus repeats:

He (Sandeep Menon, director- Linux Business, Novell West Asia) stressed on the company's policy of 'mixed source' saying the vendor is "not puritanical or fanatic" about pushing just one type of technology.

Recent Techrights' Posts

GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
 
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled