Bonum Certa Men Certa

European Lesson About Novell's Software Patents, Germany Seemingly Continues to Allow Software Patents

German flag



Summary: How S.u.S.E. turned from an opposer of software patents into an extension of Novell which legitimises them in Germany (where software patents continue to challenge Europe's status quo)

Henrik Ingo from Finland writes about software patents as "a bad legacy to leave behind". He partly refers to MySQL and to Sun, whose patent portfolio got absorbed inside another company. For about three years we've heard the excuses from Novell apologists who told us that Novell's software patents are a good thing because of OIN, but now that Novell's patent are likely to be sold, the following analysis is worth some attention:



What neither of these gentlemen pointed out is that this is exactly what happened also with Sun. It wasn't widely mentioned in public, although Mr Piana does single out patents as his first motivation to help Oracle clear the Sun acquisition. (Personally his fear that Microsoft would be allowed to buy any piece at all of Sun was in my opinion always just completely unrealistic (for the same reasons Oracle was in trouble), but I'm willing to give him a point about patent trolls offering to buy Sun's patents.) Other than that it wasn't spoken about (and journalists reporting on the case were mostly nowhere near the real issues anyway) but also other FOSS personalities who took Oracle's side did mention in private conversations with me that for FOSS in general and Linux in particular, it was absolutely vital to make sure that Sun's Unix and other patents would not fall into the wrong hands.

A personal observation is that it seems that particularly the lawyers of our community subscribed to that way of thought, whereas the "hacker" types like Stallman of FSF, Karsten Gerloff of FSFE, Alan Cox of the Open Rights Group, etc. came out clearly on the side of us where we argued that MySQL should not have been allowed to be acquired by it's main competitor. (I should add that within the MySQL community, essentially old MySQL AB employees and other external contributors, the party lines followed completely different logic than in the broader FOSS community, and patents played no role whatsoever in people's opinions.)


Let's keep an eye on Novell in the coming weeks. Those many patents it has might even be passed to pro-software patents lobbyists (if not patent trolls) like IBM, which supported Novell's acquisition of S.u.S.E. and also the patent deal with Microsoft. As the following news article reminds us, Novell is very IBM dependent, not just Microsoft dependent.

Despite struggling through Q2 of 2010 with a US$12m drop in net income on the same period last year, Novell continues to plough optimistically forward into the mainframe market with its support for the IBM System z Series.


The 451 Group has just correctly stated that Novell "is placing less emphasis on the Linux and open source technologies" -- an argument we made many times before. To quote this within context:

While the company is placing less emphasis on the Linux and open source technologies that represented the bulk of the former Open Platform Solutions business unit, open source is no less important to Novell.


Open Source was never important to Novell, but it viewed this as a marketing opportunity and failed when it sidled with Microsoft and therefore repelled many clients who liked Open Source. They just took their business elsewhere. S.u.S.E. was popular among the European crowd where it originally came from, but why would anyway pay Novell extra for software patents that make Microsoft richer? And why in Europe where those patents are not even legal? Novell dared to advertise those software patents specifically in Europe and Groklaw got hold of reports. Shame on Novell for promoting software patents in Europe (also around the time of the major directive). Novell is at least partly responsible for pushing into Europe the notion that software patents can or should be considered there.

"Software to process telephone calls [are] patentable in Germany," shows [PDF] the president of the FFII, Benjamin Henrion. This bizarre case is predating the Siemens case [1, 2, 3, 4, 5] and even Microsoft's latest FAT ruling in Germany. What is going on in Germany?

“Software to process telephone calls [are] patentable in Germany”
      --Benjamin Henrion, FFII
German patent lawyers drool over any patent in a field that they specialise in. The Bastian Best blog is no exception. He gives a new example from Apple, one from Google (in German), and another tidbit about Apple (also in German). For those who do not remember, Apple is a patent aggressor that even assaulted Linux with software patents. HTC is fighting back, but it surrendered to Microsoft. According to some news sites, HTC grows with an acquisition (also here). Not that it would affect the patent case, but still...

Recent Techrights' Posts

FOSDEM Talks Are Vanishing
They no longer seem to be taking money from Microsoft and/or its tentacles
How "Open Source" Became Microsoft (But It's Actually Proprietary, OSI is an Openwashing Front Group Now)
They're still trying to rewrite history, but it's harder when Richard Stallman (RMS) is alive
 
Microsoft Relegated by Manchester United
No Microsoft
IBM Layoffs in 2025: Rumours Say Even Managers Will Get the Axe, Some Via Loopholes Like PIP and/or RTO (Preparations Already Underway)
Where does IBM's money go?
Slashdot is Once Again Publishing Lies and Revisionism for Bill Gates, Citing Microsoft's MSN to Rewrite History and Distract From the Jeffrey Epstein Crimes
Of course this also distracts
Gemini Links 27/01/2025: Mental Locomotion, Gemini Protocol Bots From China, and Domain-Specific Languages
Links for the day
Microsoft Still Hires Journalists to Reward Them (Belated Payment) for Microsoft Propaganda
The PR/lying pipeline
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 26, 2025
IRC logs for Sunday, January 26, 2025
Links 26/01/2025: Privacy Breaches and Growing Nationalism
Links for the day
The UK's Press Gazette Has No Credibility Anymore, It Celebrates Plagiarism and Cheap Misinformation (This Ruins Linux Sites Too)
They encourage a form of plagiarism and that even ruins "Linux" sites
Journalistic Malpractice Helps Bill Gates Cover Up His Marriage Collapsing Because of His Very Deep Ties to Jeffrey Epstein (and It's Melinda Who Dumped Him, Divorce Proceedings Started by Her in 2019)
you can alter narratives and perceptions worldwide
The Linux Foundation's Certificate Authority (CA) Let's Encrypt Hits New Lows in Geminispace
13 known capsules still use it
Links 26/01/2025: Chatbot Woes and UnitedHealth Data Breach (Windows TCO)
Links for the day
Gemini Links 26/01/2025: The Postman and More
Links for the day
Links 26/01/2025: Fentanylware (TikTok) Turns to Hype/Pyramid Scheme, Insurers Failed to Comply With Federal Law
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 25, 2025
IRC logs for Saturday, January 25, 2025
Gemini Links 25/01/2025: Plaintext Weblog Posts and Software Development
Links for the day
More Details Emerge About Upcoming Long-Rumoured Layoffs at IBM
Without leadership there's no coordination
Links 25/01/2025: Microsoft Chaffbot Offline and Advocacy/Dissent in China Muzzled
Links for the day
Frequent Flyers of the 'Lolita Express' (Where Screwing Underage Girls is Big Business)
In the words of Bill's wife and mother of his 3 children
Microsoft-Sponsored Inauguration as a Reminder to Boycott Microsoft
If you do not support what's happening politically right now in the US, then stop giving money (or anything else) to Microsoft
Fund-Raising for Initiative Introducing Teens to Free Software Instead of Junk Like Bytedance's TikTok
A crowdfunding campaign coming soon
Bringing Down or Taking Down an Innocent Man is Difficult
One positive thing about all this is that we've come to witness (and meticulously document) how social control media works for the mob
Plagiarism at LinuxSecurity.com, Piggybacking Other People's Hard Work and Googlebombing "Linux"
They are googlebombing Google, and worse yet, they leverage bots to do this
Gemini Links 25/01/2025: Pictographs, Non-voters, and Frustrations
Links for the day
Links 25/01/2025: Microsoft Already Shutting Down Its UK "Experience Centre", "AI Deal" Linked to Atrocities
Links for the day
Red Hat is Required to Promote Microsoft's Proprietary Stuff and Even Produce Puff Pieces (Mindless Fluff) About It
Notice the aspect of bribed "media" or "news" or "press coverage" (pay-to-say)
The Limits of Freedom
This is generally not a new problem
The Fall of Corporate Media Controlled by Oligarchs Who Boost (or Are Compelled to Boost) Reckless Lies About the Poor While Normalising Rich People's Crimes
No wonder they have layoffs
IBM Layoffs (or Replacement With Low-Cost Labourers) Far Greater Than Reported by IBM
they serve to confirm what we've long said not only in relation to IBM but also Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 24, 2025
IRC logs for Friday, January 24, 2025