Bonum Certa Men Certa

Microsoft is Still Fueling Anti-Linux 'IP' Wars Using Other Companies (SCO, Novell, Maybe Nokia)

"[Microsoft's] Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would 'backstop,' or guarantee in some way, BayStar's investment.... Microsoft assured me that it would in some way guarantee BayStar's investment in SCO."

--Larry Goldfarb, BayStar, key investor in SCO



Summary: News about Novell and SCO suggests that even federal regulators are beginning to wake up and acknowledge that Microsoft engages in rogue games

NOVELL is a dead duck. If it gets sold, it's all over. If it doesn't get sold, it will go down the drain because customers already escape in droves (we have given many examples). Except a few minor projects (not Mono and Moonlight), the only project of value for FOSS inside Novell is OpenSUSE, which sort of continues the tradition of S.u.S.E. in Germany. There is not much news about OpenSUSE anymore (many members left), but the little that exists (e.g. [1, 2]) is from SUSE sites. As for SLE*, it's about serving proprietary software from the likes of IBM. That's what they advertise anyway.



The point to get across here is that the FOSS community need not shed a tear for Novell. The main 'contribution' of Novell to GNU/Linux has been Microsoft patent tax and FUD. Together with Microsoft, Novell has 'innovated' the notion of paying Microsoft for patents that do not exist or were never named (so that they can be averted). Fortunately, Microsoft booster Eric Savitz says that Microsoft may not be permitted to get Novell's patents (after formal complaints from the FSF and OSI):

Some of the patents apparently relate to Novell’s Linux business, which would be of interest to all of the participants in the deal. Microsoft, which leads the group, has refused to discuss why it formed a coalition to acquire the patents, rather than simply buying them outright on its own. (It certainly isn’t about having enough cash.)


For some background on this, see [1, 2]. Here is a leading report whose headline says "Justice eyes Microsoft-Novell patent deal" and body says:

Microsoft's attempt to gain a stronger position in the Linux market might be coming to an end, The Post has learned.

The Justice Department is giving a Microsoft-led group's $450 million purchase of 882 patents from Novell a "pretty serious review," a source close to the situation who is not working for or against the deal said yesterday.

"They could possibly nix the sale," the source added.

Novell in November reached simultaneous deals to sell the patents to a group including Microsoft, Apple, EMC and Oracle and the rest of Novell to Attachmate in a deal totaling $2.2 billion. The Attachmate deal is contingent on the patent sale.


The US DOJ should see what a Microsoft mole has done to Nokia [1, 2, 3, 4]. As gnufreex points out in IRC, "not even microfans can defend Elop" and he links to this new audiocast from Mary-Jo Foley and Gavin Clarke. It says:

Stephen Elop's decision to make Windows Phone the Nokia smartphone operating system of choice could be rationalized, even defended, right up until the point where Microsoft's new phone platform bricked Samsung Omina 7 phones.

Suddenly, and without any real explanation, Windows Phone 7 couldn't be updated on 10 per cent of phones. Imagine if a Windows Update wouldn't update 10 per cent of the Windows PCs out there.


Nokia was killed by intrusion. It could probably find a far better way to carry on, without serving Microsoft. The same goes for SCO, which according to court documentation was given money by Microsoft and also given money by an entity approached by Microsoft. In essence, just like in Nokia's case, money was paid by Microsoft for a company to turn hostile towards Linux (it remains to be seen if Elop will 'pull a SCO' using Nokia patents) and Groklaw has some new details in an article which starts innocently by stating: "A consultant hired by SCO in 2004 to compare UNIX and Linux, with the thought he could be used as an expert at trial, says that, after days and days, his comparison tool found "very little correlation". When he told that to SCO, it paid him and he never heard from SCO again."

So it was fabricated, eh? "This new information," explains Pamela Jones, "appears in a new book to be published in April and now available as a "Rough Cuts" version on the Safari online book service. The book is titled "Software IP Detective," by Bob Zeidman, and in Chapter 26, he tells us this anecdote.""

But more curious was the update from Jones, who links to this news report and puts that in context:

Do you remember Baystar? It invested in SCO briefly, because Microsoft would be happy if they did, as Larry Goldfarb testified was his motivation. Here's the latest on Larry Goldfarb from the San Francisco Chronicle:
The Securities and Exchange Commission has charged Marin County hedge fund manager and philanthropist Lawrence "Larry" Goldfarb with secretly diverting $12 million in investor money to other uses including an investment in a San Francisco record company and charitable contributions.

Goldfarb runs Baystar Capital Management, a Larkspur firm that manages private investment funds including Baystar Capital II. The SEC alleges that since at least 2006, he and his firm have been misusing the proceeds from that fund's highly profitable "side pocket" investments....

He and Baystar Capital Management settled the SEC charges without admitting or denying guilt. They agreed to pay about $14 million in disgorgement and interest to investors. Goldfarb also agreed to pay a $130,000 penalty and not associate with an investment advisor or broker for five years.
An update to the article says that he and his company "have entered into a deferred prosecution agreement with the U.S. Attorney" whereby Goldfarb admitted to one count of wire fraud and that $12 million in investor funds were transferred to two entities he owns which invested in -- among other things -- Marin real estate and OM Records. "The U.S. Attorney's office in San Francisco will not charge him if he complies with the terms of the agreement, which include paying $12.1 million in restitution to BayStar investors and a three-year ban from the investment industry."

One has to watch those pure financial animals, y'all.


Maybe it is just a vehicle of money to drive other people's interest via unknown shells, a bit like Elliot. As a reminder, Elliott and AttachMSFT got in touch before Elliott's bid for Novell. That's just fishy. ⬆

"...Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb, BayStar, key investor in SCO approached by Microsoft

Comments

Recent Techrights' Posts

European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026