Bonum Certa Men Certa

OpenSUSE Board (Non-Novell Part) Realises There Are Novell Ownership Issues, Novell Exploits the Community

Brands flood



Summary: OpenSUSE trademark issues arise and Novell only sells closed versions based on the work of OpenSUSE volunteers (whose work it owns)

RECENT articles which talk about OpenSUSE are mostly dysphoric [1, 2, 3, 4, 5]. Assuming the Novell sale gets authorised around March, OpenSUSE will be left at the mercy of a bison slayer, who fuses OpenSUSE and SUSE when talking about either of them (we covered it here and there are other such 'damage control' communications). Those who found solace in an entity which is designed to appear independent soon face some startling analyses from legal professionals and Andy Updegrove is the latest to provide his point of view, which starts as follows:



Over the last few months, I've frequently pointed out the vulnerability of important open source projects that are supported and controlled by corporate sponsors, rather than hosted by independent foundations funded by corporate sponsors. One of the examples I've given is SUSE Linux, which has been hosted and primarily supported by Novell since that company acquired SuSE Linux AG in 2003. Novell, as you know, is expected to be acquired by a company called Attachmate a few weeks from now, assuming approval of the transaction by the Novell stockholders and by German competition regulators.

Recently, the future of the SUSE Linux Project (as compared to the Novell commercial Linux distribution based on the work of that project) has become rather murky, as reported by Pamela Jones, at Groklaw. Apparently, Novell is facilitating some sort of spin out of the Project, which is good but peculiar news.

Why peculiar? Because when a company is subject to an agreement of sale, one of the requirements the buyer imposes during the sale-pending period is that the seller cannot engage in any transactions outside of the ordinary course of business without the consent of the acquiror. This makes sense, because once the buyer has committed to a price, it doesn't want the value of any of the assets it is purchasing to fall. That means that one would expect that Novell would at minimum be abstaining from taking any action in connection with any effort to move the project out and into an independent entity.

Except that Alan Clark, Novell's representative on the Project Board, is actively helping with the spin out. That being the case, one has to assume that Attachmate must support the spinout as well.

Shouldn't that be a good thing? In principle, yes, but the true intentions of Attachmate, which is a private company, are largely unknown. If the result is a truly independent foundation, then the spinout would be a welcome and long overdue development. But if the foundation is set up in such a way as to allow Attachate to control everything that goes on, then the transition will be more illusory than real.


Steven J. Vaughan-Nichols essentially repeats Groklaw when he says that the "[n]ew OpenSUSE Foundation will still be dominated by Novell" -- a claim that Updegrove does not refute in his very lengthy piece.

One of the questions that has yet to be completely answered by Attachmate’s pending acquisition of Novell is what will happen to its associated community Linux, openSUSE. Some people in the open-source community, including my friends, Pamela Jones of Groklaw and Andrew “Andy” Updegrove, a founding partner at the law-firm, Gesmer Updegrove, are concerned that Attachmate/Novell will be calling the shots in the post-buyout openSUSE.

Much as I hate to disagree with two people I respect and like so much, I don’t see why they think that there’s a big deal is here.

Jones points out that “There’s more than one stakeholder in the OpenSUSE foundation being set up, and you’ll see that discussed in the log. Trademarks have economic value, and if the community is helping in building that value, I think it’s logical that they should gain a share of ownership rights so as to get some share in that value and some say in what happens with the trademark.”


Soon enough the trademark questions indeed arose [1, 2] and it is an issue we have been writing about for years (see this post about Novell and trademarks). Suddenly the coin drops. That latter link is Bryen Yunashko opening "an interesting feature request about a review of the current openSUSE trademark guidelines," to quote his colleague Pascal. Bryen Yunashko is also concerned about the effects on accessibility, which may lose momentum as more and more people abandon OpenSUSE (as either staff or volunteers). He wrote:

Meanwhile openSUSE presents a very unique advantage that hasn’t been leveraged yet. With DBUS, the GNOME and KDE communities have worked together to leverage GNOME’s long-standing applications to work well on KDE. As openSUSE is a major distribution that provides support equally to GNOME and KDE, we have a distinct opportunity to provide the best integration of KDE and GNOME with accessibility. Thus offering prospective users and organizations a real choice on a distro that is known for its stability and support.


OpenSUSE development is growing rather stale, so cycles change accordingly. One blogger says that "[O]penSUSE however has made a big leap forward and taken the initiative to get the roller coaster rolling." The SUSE "OMG"-branded site (emulating OMG!Ubuntu! just like OpenSUSE emulates Ubuntu) covered nothing of great significance recently [1, 2], but it said that "Evergreen brings 11.1 back from the dead":

In mid-October we wrote about openSUSE 11.1 being put out to pasture and the openSUSE team's decision to rapidly end-of-life the release. In the world of open source, what does "end of life" actually mean for users? As resident security expert Marcus Meissner stated in the original announcement:

SUSE Security announces that the SUSE Security Team will stop releasing updates for openSUSE 11.1 soon. Having provided security-relevant fixes for the last two years, we will stop releasing updates after December 31st 2010.



Apart from some instructional items like this one, there is not so much going on at OpenSUSE, but looking at the side which is not community-run, there is still this preinstallation option from HP: "The 6200 Pro supports Windows 7, Windows Vista, or Novell SUSE Linux." That's not OpenSUSE, it's Ballnux and it's taxed by Microsoft.

The VAR Guy uses the label "conspiracy theorists" to dismiss those whom he disagrees with regarding the fate of SUSE:

Also, some conspiracy theorists continue to believe Attachmate will sell or spin off Novell’s SUSE Linux business. During early negotiations, Attachmate seemed most interested in Novell’s IT management and security solutions, and didn’t initially bid on the SUSE business, according to a December 2010 SEC filing.

Also, trusted sources have told The VAR Guy that both Red Hat and VMware bid to buy Novell’s SUSE business in late 2010. Novell’s board of directors even considered retaining SUSE as a standalone company, according to that December 2010 SEC filing.


Here is a new case of SUSE in use, as well as something about the SUSE appliance program and a Dister announcement which generates some news [1, 2, 3]. Except for when it promotes Dister [1, 2], Novell's PR department only mentions proprietary software, but that is a subject for a separate post. In the case of Dister, Novell exploits the work of volunteers to create appliances that are rather closed and restricted. How much longer can this community be bamboozled into delivering free labour to an ally of Microsoft? ⬆

Recent Techrights' Posts

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
Massive Cuts Inside Microsoft (the Media Does Not Talk About That)
It is in many ways like IBM a decade ago
 
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
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
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
Links 30/10/2026: "Over 41,000 DHS Employee Records Leaked Online" and Concerns Over Radicalism in France
Links for the day
Intercontinental Brigading - Part XXIV - It's an Inherently American Issue and American Elections Are at Risk From Restricted ('Secure') Boot and LLM Chatbots (Disinformation at Scale)
We'll focus a lot on US elections in the coming days
Birss Replaces Vos in UK's High Court, LLM Slop Plagiarism a Contentious Issue
Only days ago we mentioned Sir Geoffrey Vos in relation to lobbying for LLM slop
"Early Retirement" (Silent Layoffs) for Everybody Except the Executives
Some will stick around even past 70
Despite the Mass Layoffs Microsoft's Debt Soared by 5.1 Billion Dollars in Just 3 Months
This is why Microsoft asks 60,000 workers to leave
Gemini Links 30/10/2026: Solar MiniBBS, Kubernetes With FreeBSD, "Sysadmin Day"
Links for the day
Microsoft Layoffs Far Worse Than the Media Tells (Microsoft Spin Laundered as "Reporting")
Some people are made to "retire" and sign an NDA to make it seem like a happy ending and mostly consensual retreat
Links 30/10/2026: Google Crashes on Slop Disappointment and GAFAM's "Data Center Blitz Is Burning Through Cash and Scaring Wall St."
Links for the day
Fake 'Articles' in The Register MS Concerning "AI"
We don't suppose The Register MS will be around for much longer after this bubble pops
What Linus Torvalds Told Me Two Decades Ago
It seems like he was eager to distinguish himself from the "elders" of FSF [...] For anything "revolutionary" to happen in the sciences one must accept the risk of living in poverty like Tesla (the person, not the right-wing fanatics) and Torvalds isn't too old to "cause a stir"
GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026