Bonum Certa Men Certa

Microsoft-Novell: Leaving It to the Lawyers

It was almost two years ago, several weeks after the devious deal had been signed, that the following message was posted to USENET. Looking back, it's worth quoting verbatim:




    From: Geico Caveman     Newsgroups: alt.os.linux.suse,comp.os.linux.advocacy,comp.os.linux.misc     Subject: Novell / OpenSuSE admit they paid protection money     Date: Tue, 28 Nov 2006 15:21:22 -0500

http://www.linux.com/article.pl?sid=06/11/27/2113210

"Q: Novell claims to have not acknowledged any patent infringements by Linux. But Novell is now paying a tax to Microsoft on the Linux distributions it ships. What, exactly, is Novell paying for?

Nat Friedman: We're paying for the promise that Microsoft made to our customers not to sue them.

Q: Not to sue them for *what*? For problems you don't acknowledge exist?

Nat Friedman: We put together an agreement with Microsoft to make Linux and Windows work better together. Now, as everyone knows, Microsoft has spent the last 10 years saying negative things about Linux, including implying that there are IP issues in Linux. It didn't make sense for us to do a partnersihp with Microsoft on interoperability issues and still have this patent cloud hanging around for our customers, so Microsoft asked us to put together a patent agreement as well. And so we promise Microsoft's customers that we won't sue them and they promise the same thing to our customers. They pay us for our promise and we pay them for their promise. It doesn't matter if the allegations from MSFT are true or not. People can sue each other anyway, and a patent lawsuit is very expensive to defend against. "

So, essentially what they are saying is :

""We do not acknowledge any M$ patent violations in stuff we distribute, but we will pay M$ a lot of money so that they do not sue us for things we are not guilty of. We want a partnership with them at all costs even if we have to pay that illegitimate protection money.""

Apparently, its not costly for Novell to fight SCO when it has no case, but it is costly to fight Microsoft when they have none either. Pretty clear who badly wanted this deal - it was Novell (agrees with Microsoft statements that they were approached). As for Microsoft, it was just Christmas that came early.

This deal is just like a gift that keeps on giving for Microsoft and makes less and less sense for open source users as revelations keep coming. At best, it is an industrial shakedown that Novell capitulated to. At worst, Novell decided to become Microsoft's underling (the most polite word I could think of in this context) just for a partnership that lasts 5 years.




Ever since, Novell has committed to a lot more partnerships and collaborations with Microsoft. According to what Novell's CEO said last month, "we originally agreed to co-operate on three distinct projects and now we’re working on nine projects and there’s a good list of 19 other projects that we plan to co-operate on."

It sure sounds like the difference between Novell and Microsoft will be blurring further, does it not? Matt Asay returns to his concerns about Novell when he posts a strong statement: "A sign that Microsoft is becoming the world's biggest law firm."

There was some distressing news buried in Sean Michael Kerner's look into Novell's and Microsoft's virtualization partnership. The news, however, had nothing to do with virtualization, and everything to do with Microsoft job titles.

[...]

When you have someone whose job it is to come up with "intellectual property and licensing products," you've lost your way. Most software companies focus on selling (gasp!) software. Not, apparently, Microsoft.


Ken Hess is again raising those personal speculations about a Microsoft-Novell merger.

I foresee VMWorld bringing some significant surprises to light this year. Whether it’s a Microsoft-Novell merger, a Sun-Microsoft partnership, or simply that the whole world goes virtual Desktop mad; there will be an abundance of high fiving, glass clicking, and from me — some “I told you so’s.”


What will it eventually be? Those who dare to predict that allies will roost under the same roof are being labeled "conspiracy nuts". Novell is very cheap to acquire and its worth keeps sliding.

No Patents in Linux

Recent Techrights' Posts

GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
 
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024