Bonum Certa Men Certa

Eben Moglen Sets Record Straight Regarding Microsoft/Novell After Novell Lied

Eben Moglen portrait



Summary: Professor Eben Moglen responds to disinformation from Novell's Joe 'Zonker' Brockmeier, who was sent to London by Novell's PR team in order to speak to journalists

"DOWNHILL" is where Novell is going, but even on its way down to the bottom Novell resorts to lying and revisionism. Brockmeier's lies about Eben Moglen's stance are finally being refuted and rebutted by Moglen himself.



In a short exchange with ITWire, Moglen has some strong words to share:

OpenSUSE's Brockmeier caught out over Moglen claim



OpenSUSE community manager Joe 'Zonker' Brockmeier has been caught out spreading misinformation about the patent deal that Microsoft signed with his employer, Novell, a little over three years ago.

During a recent tour of Europe, Brockmeier gave an interview to eWeek Europe to spruik his company's position and what he claimed it had gained from the patent licensing deal over the three years since it was signed.

He was quoted by Peter Judge of eWeek as saying: "Even Eben Moglen [Columbia law professor and founder of the Software Freedom Law Center] approved of the deal and said it was compliant with the GPLv2 licence agreement."

Such a claim is surprising considering that Moglen is well-known as a co-author of the GPLv3 which introduced a clause that would prevent such deals from happening in the future.

Contacted by iTWire, Moglen said he was surprised by the claim. "I *did* say the deal didn't violate GPLv2 section 7," he said.

This, however, is not surprising as many people knew that, legally, the GPLv2 did not prohibit the deal. However, many people at the time felt that it did violate the spirit of the licence. Prominent free software developer Jeremy Allison quit Novell in disgust over the deal.

Moglen, who is highly respected both for his academic scholarship and his contributions to free software, was surprised that he had been painted as someone who had approved of the deal.

"I *disapproved* of the deal, quite firmly; there is some rather popular video of me on the web explaining why, in relation to Microsoft's annual 'Be Very Afraid' tours," he said.

[...]

While some who read the article have contested these claims in comments at the end of the piece, Brockmeier has offered no comment.


The Source was probably the first Web site to properly expose Brockmeier for his lies. In reference to the above it adds:

Everyone who knows anything about the Microsoft/Novell deal – among whom I assume Mr. Brockmeier is counted – understand this position. The entire “trick” that permitted the deal was a this loophole of letter-compliance but spirit-violation under the GPLv2 which was specifically closed in the GPLv3.

And when I say specifically, I mean the Microsoft/Novell deal was listed by name.

Why the pretense that someone acknowledging Novell pulled a fine-print fast one and got away with it is equal to approval and endoresement? I understand the desire to spin a shameful collaboration of betrayal and discrimination on Novell’s part, but why try to use the name and reputation of someone who publicly condemns you? They will surely correct your gross distortions, and then where are you? (Still on Novell’s payroll! <rimshot>)


Yes, he is being paid to say such nonsense. Upton Sinclair once said, "It's hard get a man to understand something, when he's being paid not to understand it."

Here is a new interview with Brockmeier, where he is asked about many issues including Mono:

HO [Heise/H Online]: Novell appears to have set itself high hopes for Mono and you say that this is the first commercial development tool for the rapid creation of .NET applications for Linux, Unix and Mac OS X within Visual Studio. Is it really the ‘first’ tool of this kind and what do you think will appeal most to developers about its form and function?

JB [Joe Brockmeier]: As far as I know, it is the first tool of its kind. But I'm not the ‘Mono guy’, so I don't spend much so time with it – but I would say that the most appealing thing about the tool is what you've emphasised in the question: that it allows rapid development of cross-platform .NET applications. Giving developers an opportunity to easily target cross-platform development with a language they're already familiar with is a big incentive.


Later on we will write a long post about the latest of the Mono folly.

Georg Greve passes on the words of the FSFE (which he founded): "EC's Microsoft browser settlement better than expected, but interoperability promises utterly useless..."

This is a subject that we covered yesterday, having previously explained that Microsoft attacks Free software as commercial software using the so-called "interoperability promise". Groklaw has just analysed this too and made a comparison to the Novell/Microsoft deal:

Microsoft tries this trick every time. Same thing with the Microsoft-Novell patent pledge, if you recall. It means the same thing here, that you are not covered unless you are not a commercial competitor of Microsoft. So Linus in his bedroom would be covered, but once people actually started to use Linux to the benefit of the world's economy, the deal is off? Then what happens? Is the old code still covered? How is it interoperability if your main competition is excluded from interoperability? My guess is Microsoft means for you to have to pay for a patent license, if you are commercial, judging by Jason Matusow's comment about similar language in the Novell deal:
The offer not to sue open source software developers for patent infringement might sound philanthropic, but it has been dismissed from various quarters as "divisive" and "worse than useless".

Earlier this week the Samba development team urged Novell to rethink its agreement with Microsoft as it favored non-commercial developers or those contributing to Novell’s openSUSE project over contributors to other commercial open source projects.

Meanwhile the Software Freedom Law Center said the offer was "worse than useless" and was not to be relied upon.

While Matusow’s request for input from the open source community shows that the company is open to criticism, it appears it will not be changing its position on commercial open source developers.

"Our design goal is to get language in place that allows individual developers to keep developing. We are not interested in providing carte blanche clearance on patents to any commercial activity - that is a separate discussion to be had on a per-instance basis," he wrote.
But the GPL forbids paying for a patent license, so it's a cute trick to keep GPL code, and that includes Linux, out in the cold, unable to interoperate.


Microsoft is modeling a deal with the EU in a similar fashion to that which it signed with Novell. It is surprising that the FSFE has been as polite as it is about it.

“People that use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to compensate us.”

--Steve Ballmer

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024