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

The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
Writing for Good
The Web has an abundance of junk
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
 
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?
Gemini Links 01/11/2026: OpenBSD, Broken MicroHDMI, Nextcloud, and More
Links for the day
IBM Vapourware on a Budget (to Grab Bailouts From US Taxpayers)
Anderon is the sort of thing that makes IBMers uncomfortable
Links 01/11/2026: Digital Minimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
Microsoft Accenture in Trouble, Accenture’s Debt Skyrockets
Seeing a wave of adoption of Free software in Europe, it's not exactly shocking that "consultants" from Microsoft Accenture are no longer in demand
Microsoft Says Its "Goodwill" Value Has Been Declining for Years, But It Also Claimed That Doubled in One Year
Wall Street deserves far more criticism or scepticism (at the very least)
SkyChatz: From Nothing to #2 in IRC (in Less Than a Year)
Second only to Libera.Chat
Making Up Words or Inventing a Vocabulary
Or why Large Language Models are useless
Assange on What Lula Means to Free Press
Here in the UK we've also found our 'Lulas'
GNU/Linux is No Underdog (But There Are Attempts to Put It "To Sleep")
There's a moral imperative
Intercontinental Brigading - Part XXVI - The "Law and Order" Candidate Who Crushes Both Law and Order and Even Rejects Election Outcomes (Insurrection Follows)
A world without real technical security is a world void of democracy, justice, and human rights
Links 01/11/2026: Malaysian Media Perishing, France Belatedly Identifies Social Control Media as Weaponised Yellow Press
Links for the day
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026
Gemini Links 31/10/2026: MangoWM, Qutebrowser and Codeberg, Plugh
Links for the day
Massive Cuts Inside Microsoft (the Media Does Not Talk About That)
It is in many ways like IBM a decade ago
In US Government Sites, GNU/Linux Measured at New All-Time High of 7% (or About 10% Across Desktops/Laptops Alone)
There's no doubt GNU/Linux is growing
Intel Has Just Lost in One Single Day Over 150 Billion Dollars in 'Value' (Market Cap), Intel is Also Over 50 Billion Dollars in Debt
This really says a lot about Wall Street and the slop bubble, doesn't it?
They Hate Him Because He's Effective
Effective voices invite more aggressive censorship attempts
Audience Growing in Spite of the Deluge of Webslop
We probably benefit from the rejection of LLM slop
The Munich FUD Tactics (Microsoft Modus Operandi): Microsoft-Connected Sites Claim Denmark Failed With Free Software, But That's Not What Actually Happened
With Microsoft, it almost always boils down to politics
Links 31/10/2026: John Romero Comeback After Being Shafted by Microsoft, Google Faces Criminal Probe Over Deforestation in Finland
Links for the day
Gemini Links 31/10/2026: Rambling on Self-hosting and Ad Video Screens Don’t Make Money
Links for the day
Can't Trust Big Banks, Let's Try 'Bros' Instead?
But let's blame "North Korea"
IRC's Growing Popularity in 2026
No company controls or profits from IRC, it is in the Commons
"AI" as Surrogate for Debt and Distraction From Computing (Bots Described as "Agents" and/or Any Form of "Intelligence" is More Like a Religion)
We're letting people without even college degrees game the "market" (Wall Street) by lying to it
Intercontinental Brigading - Part XXV - Election Integrity at a Time of Back Doors and Very Severe Bugs in UEFI
How dare British media comment on insurrection following a US election?
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026