Bonum Certa Men Certa

Why Again is the Novell/Microsoft Deal So Darn Ugly?

Steve Ballmer license
Image from Wikimedia



Matt Asay has just weighed in on this debate that was mentioned here before. It's centered around the mixing of Free software and software patents. His post is long, he has many insightful things to share rant about and here is just a fragment.

Dual-licensing with patents: It's bound to happen



[...]

The problem with this sort of distinction (which we and virtually every open-source company of which I'm familiar espouses, in terms of a "community" and "professional" version) is how easily patent protection could creep into the one but not the other. When the open-source world starts selling the same FUD that the proprietary world does we have lost.

I care far less about hybrid models that depend on a mixture of proprietary extensions and an open-source core, as MySQL is contemplating, than I do about hybrid models that are a blend of "open source and very risky!" and "proprietary and oh so safe!". If we slip into this sort of a model, open source loses its potency. It loses its character. It loses its integrity.


The downstreaming problem which he speaks of is represented by Novell's Moonlight. Novell already steps further than this, e.g. by separating Mono into 'chunks' depending on Microsoft's R(seanable)AND, which is only as unreasonable as it wants and needs it to be. If you wish to witness Microsoft's mis-comprehension of 'open source' (or "open minus source", i.e. open-source), then take a look at Ozzie's remarks which we intentionally only alluded to earlier but never took seriously. The 'news' was so insignificant that it was hardly comment-worthy. Microsoft is still all "patents, patents, patents!"

The concessions Microsoft makes are merely a case of public image -- saving face on the face of it. If you need another more contemporary glimpse at Microsoft's attitude, get a load of this latest analysis from the 451 Group.

There was general agreement that large IT vendors, including software giants such as Google, Oracle and even Microsoft, all see a need for involvement in open source. What also emerged as a common theme during our panel was that no big vendor could afford not to be in open source in some way or another. Basically, it’s been competitive necessity and cost effectiveness that has led vendors to open source, and this helps explain why we see open source all over the place. There was also a recognition that we were not talking about what vendors might be doing or when they might be making moves around open source. We were talking about the things these vendors are doing today and where they are looking next to push the ideas and advantages of open source further.


As you know, Google and Oracle just adore Free software. Yes, they love using it. They love receiving updates. They love the fact that Red Hat builds a platform for them and in the case of Oracle, lots of support money can be extracted at the developers' expense. What's not to love when you're a freeloader?

“Microsoft's legacy assets (secret code) become increasingly redundant as equivalent and often superior Free software is made available...”As for Microsoft, it wishes to believe that open source as a whole will become yet another Windows ISV that brings profits to Microsoft. In many other cases, it's a tad unfortunate to find how they turned Free software into just visibility of source code as a marketing distinguisher if not a self-serving ploy.

Microsoft's legacy assets (secret code) become increasingly redundant as equivalent and often superior Free software is made available for download, use, and redistribution. Microsoft knows all of this. What can it brag about? Probably just piles of papers, fueled by the very same laws it aggressively lobbies for. It shapes market rules to suppress emerging threats, to hinder natural progression, sometimes perceived as "disruption". In response, we, as Free software supporters, must protest to keep the law in tact or restore it to a state of sanity. Digital slavery and a modern-age feudal system is good for nobody.

Oh look! The press is buzzing about another Microsoft intellectual monopoly. Watch carefully what you do with your hands now.

Right and left mouse buttons are placed on the side in a thumb-accessible position, and the design is unobtrusive enough to allow for easy typing when it's on. We'd love to get a hand-on with the mouse if it ever comes out. It looks great and the ability to surf the internet without keeping our hand close to the computer is very conducive to our leisure time activities.


The gist of it all: a combination of prior art fitted onto A4-sized white paper sheets. Can't have too many of these though! Word on the street is that Microsoft has run out of paper, so it can't let Linux know what it's allegedly infringing on.

"Most people who are familiar with patents know it's not standard operating procedure to list the patents... The response of that would be administratively impossible to keep up with."

--Jim Markwith, Microsoft patents attorney
(after saber-rattling against Linux)

Recent Techrights' Posts

LLM Slop as Attack Vector on the Reputation of Linux
The attacks on Linux have escalated to information warfare
Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
 
Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
Links for the day
IBM Said to be Shutting Down Offices or Sites in the United States
the press can no longer avoid admitting that IBM moves many jobs to India
To Participate in Fedora Diversity You Must Use Proprietary Software
Not for the first time either
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025
Microsoft's Trouble in Africa and Asia
A new all-time high for GNU/Linux
Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
The saddest thing in all this is that law firms can maintain high standards shall they wish to
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web