Bonum Certa Men Certa

Microsoft's Refined Plan of Using Novell to Attack Competitors

Summary: The Linux-hostile strategy at Microsoft evolves to get around regulators and further the patent agenda; Novell's acquisition delayed until exactly one week from now

Microsoft remains a top patent threat simply because it is doing anything which deserves this label. It is not a scapegoat. Linux foes like Microsoft Florian seem to be part of the PR campaign which paints Google -- not Microsoft -- as the patent problem. Here is one recent rebuttal to Florian's latest lies and distortions:



I’ve been sitting back watching the newest Florian Müller psycho babble play out. It always plays to the same formula. Florian Müller raises the alarm. The people who actually know what they are talking about explain why Florian is wrong. Again.

Let’s face it. Either Florian isn’t all that bright, or someone is paying him to make his statements. No one could be this consistently, stupidly, wrong. It’s just not possible. People learn. Learning is the basis of human existence.

[...]

The next day, Florian Müller starts off a blog post with the sentence Intellectual property issues continue to cloud Google’s mobile operating system. Do you see a pattern here folks?

[...]

He’s not a programmer. He’s not a lawyer. Just how does he have the skills to reach a conclusion? Is he even thinking?


In light of news like this (which we mentioned earlier) the inflammatory FUD machine of Florian is once again trying to incite people against Google, which has no history of patent aggression. The article says:

Hopeful of dissuading further patent lawsuits against its Android partners, Google (NSDQ: GOOG) went public Monday with its intention to bid on a patent library held by bankrupt telecom company Nortel and said it had been selected to open the bidding with a $900 million offer.


Tell the FUD machine that Google is at least not using patents offensively, at least so far. Microsoft Nick (the Microsoft booster Nicholas Kolakowski) joins the voices which predict trouble for Android (and therefore interest in Vista Phony 7, which is ridiculous). Microsoft's partners at Ziff Davis [1, 2, 3] even put this stuff from Microsoft Nick in a Linux site while the scrupulous Sys-Con [1, 2, 3, 4] still makes room for SCO defender Maureen O'Gara [1, 2] (also a Microsoft booster/story 'planter' , who is still pushing the same agenda as she is boosting SCO, too). They are are eager to see Novell's patents coming to Microsoft's own extortions portfolio. There is reportedly some Microsoft-AttachMSFT interaction around patents and Microsoft booster Gavin Clark has this to say:

The Microsoft-led consortium of tech companies trying to hoover up nearly 1,000 of Novell's patents is back in business.

CPTN Holdings re-registered with German authorities on Wednesday, according to the website of the German Federal Cartel Office. Plans to create CPTN as a German entity were withdrawn in December 2010.

CPTN is buying 882 of Novell's patents in a deal with soon-to-be Novell-owner Attachmate. Apple, EMC, and Oracle are also members of CPTN, but it's helmed by Redmond.


Everyone which we found covering this has some special relationship with Microsoft. That includes Microsoft Florian, who got access to inside information whose publication was beneficial to Microsoft. On a public level, Novell has this to say about CPTN (from its SEC filing):

The merger contemplated by the merger agreement remains subject to the satisfaction or waiver of certain closing conditions, including the closing of the sale of certain identified issued patents and patent applications to CPTN Holdings LLC (“CPTN”) pursuant to a Patent Purchase Agreement, dated as of November 21, 2010. Under the Patent Purchase Agreement, one of the conditions to closing of the patent sale to CPTN remains the expiration of applicable waiting periods under the competition laws in Germany and the United States.

With respect to Germany, on December 30, 2010, the CPTN consortium had voluntarily withdrawn its filed notification in order to provide the Federal Cartel Office (the “FCO”) with more time to review the proposed patent sale. On March 23, 2011, the CPTN consortium, following discussions with the FCO, re-filed the notification. The re-filing starts a new one month review period under the German Act against Restraints of Competition in the version of 15 July 2005, as amended, during which the FCO could clear the transaction at any time.

In the United States, the Company previously reported that, on March 4, 2011, each of the Company and CPTN certified as to its substantial compliance with the second request for information from the Antitrust Division of the United States Department of Justice (the “DOJ”) and that each of the Company and CPTN has agreed to provide the DOJ with additional time to review the patent sale and not to close the patent sale prior to April 12, 2011.

The Company remains committed to working with the DOJ and FCO as they conduct their respective reviews of the patent sale. The patent sale remains subject to the satisfaction or waiver of other closing conditions as set forth in the Patent Purchase Agreement.


This may soon be addressed according to other reports, e.g. [1, 2] from the news, including one report from the 11th of March (following an earlier report) that says: "Novell said yesterday the Department of Justice needs more time to investigate its sale of Linux patents to Microsoft."

Maureen O'Gara and others name April 12th as the day to look forward to (or not to look forward to). The Microsoft camp would love to see Microsoft putting its hands on those thousand patents (or almost a thousand patents) for the purpose of patent manipulation. Novell has patents which relate to UNIX. Since Microsoft mostly sues companies which use Linux these days, what does that say about Novell's decision to give Microsoft patents?

Ron Hovsepian begs Ballmer

Recent Techrights' Posts

IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
 
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026
FSF Staff Uses 'CoC' to Stop Conversation About Autistici/Inventati in Relation to Free Software
The list is already heavily moderated
IBM Allegedly Stopped Hiring (This Tends to Coincide With Mass Layoffs)
Is a hiring freeze an echo of layoffs? Yes, definitely.
SLAPP Censorship - Part 168 Out of 200: When Choosing Clients Recklessly and Poorly Self-Harm is Inevitable
"If you're doing something hard and nobody hates it, you probably aren't doing it. If the right people hate it and those people happen to be some of the worst people alive, so much the better."
Something Big is Happening at IBM This Week/Month
Some people at IBM (and Red Hat) are panicking
Gemini Links 01/09/2026: Biscuits, Epstein Files, Power Users, and Alhena 5.6.8
Links for the day
Links 01/09/2026: Almost 5,000 Missing/Dead in Nepal-China Flood and Marijuana Factory Explodes
Links for the day
September at IBM: Silent Layoffs on Day 1
PIPocalypse at IBM
Last Month IRC Entered Its 39th Year and It's Still Growing (New IRC Networks)
There are 511+ known IRC networks
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at