Bonum Certa Men Certa

Microsoft Dismisses Being Subjected to GPL, Uses Novell as a Proxy

In the following new coverage, Microsoft claims to be exempted from the GPL. This contradicts a few other arguments.

Microsoft is not convinced that distribution of SUSE vouchers makes the company subject to GPL requirements. Richard Wilder, a patent lawyer for the Association of Competitive Technology (an organization partially funded by Microsoft), argues that Microsoft isn't subject to the GPL because the company isn't literally distributing Linux or any other piece of GPL-licensed software. Speaking to the Seattle Post-Intelligencer, Wilder said, "[Microsoft is] not distributing Linux. They're providing somebody access to a service, but they're not providing copies of Linux on a disk, and they're not providing somebody access to Linux for the purpose of download, and so they're not engaged in any distribution."


So, where would Microsoft be if it were not for Novell? The true situation is yet to be understood as there are two sides to every argument. There is some further discussion about the GPL in the second part of a recent interview with Eben Moglen and, given that he knows the licence better than most, he is quite likely to be correct.

The following article explains why Microsoft has entered the deal and what this means to Novell.

Microsoft seemed satisfied in the past to wage the battle against Linux through its SCO Group proxy, but SCO’s lawsuit against IBM — claiming IBM contributed SCO intellectual property to Linux — has been slowly circling the drain for some time. With Windows Vista sales hardly taking flight, and Microsoft’s next-generation server operating system — Longhorn — still not ready for prime time, it seems that Chief Executive Officer Steve Ballmer decided it was time to unleash the lawyers to buy the Redmondians some time. [Note: this is a point which we stressed before]

Meanwhile, Novell may start selling a lot more SuSE Linux, because Novell and Microsoft’s software patent agreement shields the distribution against Redmond’s wrath. But that agreement hasn’t won Novell a lot of friends. The free-software community has risen up to protest Novell’s moves, urging people to dump SuSE. And many open-source license-holders are considering relicensing key libraries to the Limited GNU Public License to exclude SuSE from using them.


In other news, Novell has just got itself a contract in California.

San Diego Students Learn on Linux Desktops From Novell

[...]

San Diego Unified School District is the second-largest school district in California, serving more than 130,000 students, 100,000 of whom are in grades three through 12 and are targeted by the Always-On Learning Initiative.


For a change, neither Microsoft nor "intellectual property" are mentioned in the press release.

Recent Techrights' Posts

RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
 
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026