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

IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
 
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day