Bonum Certa Men Certa

Microsoft and Novell Still Fight Against Freedom of Software, But Is Horacio Gutierrez Lying?

Microvell



"Microsoft executives had previously told Computer Business Review that the company had not carried out a detailed patent assessment before reaching its patent covenant agreement with Novell.

"We did not do a drains-up inventory," said Microsoft's UK server director, Bruce Lynn in February.."

--CBR



Horacio Gutierrez
Picture contributed by a reader



"Horacio Gutierrez, Microsoft vice president of intellectual property and licensing, said that although Microsoft won’t discuss specific patents publicly, it has discussed them in private with companies like Novell Inc."

--IDG



Liar liar, hat's on fire!



Horacio Gutierrez in hell
Picture contributed by a reader



Following Microsoft's latest threats, as implicitly issued against Red Hat, Matt Asay tries to embellish things by pretending there is zero danger. He is already being refuted in LinuxToday, but more importantly, being careless and pathetic does not necessarily make one safe(r). In his new posts, "The dying embers of Microsoft's IP claims against open source," he tries to turn the table.



Indeed, I'd argue that one primary reason for shacking up with Novell wasn't Microsoft's patent portfolio, but rather Novell's: Novell had key IP that goes to the heart of Microsoft's Office business. The Linux patent covenant was a way for Microsoft to clean up its own patent violations. Funny, that. When I was at Novell my team in the CTO's office never worried about a patent lawsuit from Microsoft.

But that's just the way the modern software world works: it's such a thicket of conflicting IP claims that the only rational (and workable) solution is to overlook competing claims.


Novell's impressive patent portfolio was mentioned as a possibility before, but it resolves no issues for companies other than Novell, so the deal remains selfish and malicious (exploiting loopholes in GPLv2). Having searched the Web for a while, Asay also nets this old finding and stresses the danger by reiterating what his former employer, Novell, is trying to achieve together with Microsoft:

This is the same Microsoft that aggressively went after Red Hat in 2006 through a patent agreement with Novell, and subsequently dumped over $350 million into Novell in 2007 to fuel its attempt to kill Red Hat.


Yes, it is an anti-Red Hat deal, "Red Hat" being representative of virtually any large distributor that has not signed a software patents deal. Red Hat possesses more wealth and installed base than most, so it makes it more of a target.

There is a new article over at Silicon.com and it discusses the Novell/Microsoft deal in the context of GPLv3. One part of it reads:

The 2006 agreement between Microsoft and Novell was struck ostensibly to make Linux and Windows work better together. But it also created an uneasy truce; indeed, commentators argue that Microsoft has recently started telling people it will not sue open source software users for patent infringement provided the users purchased software from a vendor that is paying Microsoft for the privilege of using its patented technology.


We increasingly find Microsoft trying to pressure other companies into treasonous patent deals. The press, including IDC, is helping Microsoft and Novell. We warned about IDG's Paul Krill before [1, 2, 3, 4], saying that he was too close or sympathetic towards the convicted monopolist. Well, here he is giving the podium to one of Microsoft's worst sources of FUD: Horacio Gutierrez. Below is the opening part which, as usual, puts forth Novell as Microsoft's 'ammunition':

Microsoft has been making moves on the licensing front and accommodations with open source, such as its controversial 2006 agreement with Novell pertaining to Suse Linux. Looking to elaborate on Microsoft's activities, Horacio Gutierrez, Microsoft vice president and deputy general counsel for Intellectual Property and Licensing, met last week with InfoWorld Editor at Large Paul Krill at InfoWorld offices in San Francisco.


This is the second Gutierrez 'public appearance' in less than one week. Who is pursuing whom for publicity? It's almost like a new Microsoft campaign to intimidate and to turn the heat up on GNU/Linux competitors. Those editors let Microsoft spew out lots more FUD in the press, almost unchallenged.

It's only to be expected from the likes of Ina Fried [1, 2], Maureen O'Gara [1, 2], and Paul Krill. Further down, inside the actual interview, Microsoft's Gutierrez says: "Microsoft publishes every patent that Microsoft gets issued and we have had deeper, detailed discussions in the context of private licensing conversations, which by the way is the practice that every technology company follows. So to answer your question, yes, we have divulged them. We have talked about them with a number of companies that have shown interest in having a good faith licensing discussion with Microsoft."

“Horacio Gutierrez is likely to be lying.”Groklaw caught that bit and added: "Note that IIRC Novell claimed it did not get a list. Later in the interview, he also seems to almost, maybe say something about the GPL. I hesitate to characterize it, and I don't want to overquote either, but do take a look."

Pamela Jones is right as we spotted this contradiction over a year ago. Horacio Gutierrez is likely to be lying.

Regardless of all this, Microsoft has its own patent trolls to resort to aggressive action. Microsoft created and still funds the world's largest patent troll, which is already expanding to countries where there is resistance to them. Additionally, Acacia, which accommodates former Microsoft seniors [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], is still busy patent-trolling the whole world.

If a company's sole business is licensing and litigating patents, plus it's run by lawyers, what isn't protected by privilege?

That's the question being asked in a discovery fight between Diagnostic Systems Corp., which is a subsidiary of patent-holding company Acacia Research Corp., and a multitude of software companies it sued for patent infringement in the Central District of California.


Acacia has already targeted two Linux vendors, but not Free software projects. Microsoft's FOSS embrace and extend attempts [1, 2], as well as open source scams [1, 2, 3], appear to carry on uninterrupted.

All of these developments are merely things to keep an eye on because Microsoft is gradually falling, and being the vicious company which it is, Groklaw supposes it'll devolve and become the next SCO Group. ⬆

Comments

Recent Techrights' Posts

Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
 
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026