Bonum Certa Men Certa

How Novell Learned to Stop Worrying About Microsoft FUD and Started Embracing It

A reader has just brought to our attention what he calls "an interesting E-mail sent from Jack Messman to Novell partners complaining and attempting to correct Microsoft FUD." This FUD was based on the Yankee Group, largely known as a Microsoft shill [1, 2, 3, 4].



We append this 2004 E-mail at the bottom. Parts of this E-mail can be found here (the original is no longer available, except for in Google cache). Ron Hovsepian signed this message as well and worth noting is the short section under "Indemnification". It states:

"Mr. Ballmer claims that it is rare for open source software to provide customers with any indemnification at all. The Novell€® Linux Indemnification Program has been in place for quite some time. It offers indemnification for copyright infringement claims made by third parties against registered Novell customers. Novell has also placed its considerable patent portfolio squarely behind its customers, to defend against those who might assert patents against open source products marketed, sold or supported by Novell."

Messman actually tried to exploit SCO FUD several years ago. Moreover, Novell did not denounce Microsoft for its FUD assault on GNU/Linux. It only gently explained its patent deal with Microsoft at the time. In other words, Novell's days as a FUD fighter are over. Novell tore down all its anti-Microsoft FUD pages from Novell.com just shortly after the deal with Microsoft has been signed. Novell is now exploiting Microsoft's FUD and harnesses Microsoft patents as a perceptual advantage over other vendors of GNU/Linux.

In other news that's explored by Groklaw at the moment, SCO, Norris and possibly the Carlyle Group with which he is associated [1, 2, 3, 4, 5, 6] are being challenged by Novell's lawyers. Here are the two articles about it (so far):

1. Novell Objects to SCO's Request for More Time; Suggests There May Be No SNCP Deal

So what is SCO after in seeking an extension? Novell suggests SCO is maybe seeking to pressure Novell into agreeing to a quick appeal, before the arbitration is finished, or perhaps they are looking for an exit strategy, or they are looking for a litigation advantage, none being reasons for granting them the extension. Novell is quite clear with the court, stating unambiguously that there is no way it can properly grant an open-ended extension. It lays out all the cases for the judge.


2. Crimson Capital LLC et al v. Spartan Group Holding, Stephen Norris, et al

When Novell suggested the other day to the Bankruptcy Court handling SCO's bankruptcy that the Stephen Norris deal SCO announced (then withdrawn with a promise to make it better) might be bogus, we naturally wondered if there was anything new that Novell knows that caused them to say that.

Then today, a comment was left by stats-for-all that there is a lawsuit against Norris alleging breach of contract, breach of fiduciary duties, shareholder oppression, and (in the alternative) unjust enrichment and promissory estoppel, Crimson Capital LLC et al v. The Spartan Group Holding, LLC et al. It was originally filed in Supreme Court, County of New York, in New York State, Case Number: 601873-08, at the end of July. That's not "supreme" as in highest court in the state, by the way. It's where you begin a civil action of this type in New York State. I have no idea why they name it that way, but they do.


SCO keeps harping about a $100 million cash infusion that it may receive from partners of Bill Gates in the middle east. Remember who else has received a $100 million cash infusion very recently? Directly from Microsoft even? It's the "kill Red Hat" budget and it's slush funds.




NUI Newsletter - November 2004



Letter from Jack Messman, Novell CEO

You may have seen a letter from Steve Ballmer, CEO of Microsoft, which was sent to all Windows customers in an attempt to slow the flood of migration to Linux. Novell would like to make you aware that the points made by Mr. Ballmer in that letter include only those statements in its paid studies that reflect most positively on Microsoft when comparing their products to Linux.

Novell would like to share some additional facts with you that will shed some light on the bigger picture.

Total Cost of Ownership

Mr. Ballmer quotes selectively from Windows-favorable comments in a Yankee Group report ("Linux, UNIX and Windows TCO Comparison"). However — that's not the whole story. That same report also states the following:

- "...corporate customers report Linux provides businesses with excellent performance, reliability, ease of use and security. Yes, Linux is a viable alternative to UNIX and Windows. In addition, Linux is the most serious competition to Microsoft's dominance in the server operating system market to date."

- "The ability to modify and customize the Linux source code affords customers the most intriguing possibilities for custom application development. This ability stands in stark contrast to the closed or proprietary nature of the Windows operating system.

- "In summary, the Yankee Group's TCO survey found that Linux does offer compelling cost savings, economies of scale and technical advantages, as many a satisfied user will attest."

Security

Mr. Ballmer brings up the issue of security, which understandably is much on his mind. He cites Microsoft's recent investments in security research, process improvements, and customer education, and boasts of Microsoft's structured software engineering process that is designed to make software more secure.

The truth is, Open Source uses a structured process, but it is definitely different from the one Microsoft utilizes. And to tell the truth, it seems to be working much better.

Evans Data Corporation, in their Linux Development Survey dated Summer, 2004 shows:

- Ninety two percent of survey respondents indicated that their Linux systems have never been infected with a virus Fewer than 7% said that they'd been the victims of three of more hacker intrusions.

- On the other hand, the process Microsoft utilizes clearly has been inadequate at protecting its customers from costly malicious attacks.

For example, two weeks ago Microsoft released a mammoth patch pack to address more than 20 vulnerabilities, most of them critical. Several of them, in Excel, Internet Explorer, and Exchange, could enable mass automated worm attacks.

In a story

that appeared in Computer Business Review Online, Drew Copley, senior research engineer at eEye Digital Security Inc, said that it took Microsoft 71 days to patch the Zip problem after being notified, but another vulnerability, a less-severe privilege escalation problem in Windows, took the firm 408 days to issue a patch for, though it was "stealth-patched" in XP SP2.

"They can do better than that in my opinion. Even when they are fast there are often variants out by the time the patch comes out," he said. "I think that's a very important criticism to make."

Indemnification

Mr. Ballmer claims that it is rare for open source software to provide customers with any indemnification at all. The Novell€® Linux Indemnification Program has been in place for quite some time. It offers indemnification for copyright infringement claims made by third parties against registered Novell customers. Novell has also placed its considerable patent portfolio squarely behind its customers, to defend against those who might assert patents against open source products marketed, sold or supported by Novell.

Bottom Line

Linux can deliver a lower TCO, it is arguably more secure than Windows, and the combination of Novell's patent policies and the indemnification program offers for its open source products provides protection for customers who wish to make the leap to Linux. We invite you to read the full reports for yourself, and see why Linux is gaining more and more fans every day.

Linux is the fastest growing operating system, used from desktops to the most demanding data centers. According to IDC reports, Linux enjoyed year-to-year growth of nearly 50% in 2003. By 2007, they estimate that 30% of all servers will run Linux, and they project a 44% compound annual growth rate in Linux desktops.

According to an Information Week survey, Linux is now the dominant manifestation of open source. Nearly 70 percent of 420 business-technology professionals surveyed already use the operating system. Three-quarters of those using Linux on some of their companies' servers chose it for its performance capabilities and reliability.

If the world were as Microsoft states, Linux would not be the world's fastest growing operating system, ISVs would not be writing to it in ever increasing numbers, partners would not be looking to sell it, and Microsoft would not have put a revenue caution related to Linux in their latest SEC filing. These, however, are the true facts.

This information and much more is available on our website at www.novell.com/linux/truth. We encourage you to examine the facts in their entirety and see if Linux is right for you and your business.

Sincerely, Jack Messman Ronald W. Hovsepian

Comments

Recent Techrights' Posts

Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025