Bonum Certa Men Certa

Novell's Patents Will Harm GNU/Linux, Proving That Everyone's Software Patents Are Bad

Wakeup call for OSI, ISO, and OIN

Fallout shelter



Summary: The Microsoft-bent proprietary software company, Novell, is becoming a huge liability, helping to prove that so-called 'defensive' patents in the hands of Red Hat or Google are not acceptable, either; Nokia too is becoming a patent problem after Microsoft's intervention

"Boycott Novell" was right about Novell. Those who disagree would probably scramble to find supportive evidence/reasons. There is an ongoing debate about whether or not defending one's patents can constitute being against software patents as a whole. As we noted the other day, Novell is now providing Microsoft with yet more ammunition with which to attack Linux, and this time it's about patent sales. Novell ceased to be the reformed company it once claimed to be. It also turns Free/libre software into proprietary software, which is all it seems to be doing these days/this week [1, 2, 3].



Those who defend "defensive" patents (like Red Hat's and maybe Google soon) ought to remember that Novell too used to pretend that its patents -- including newly-filed-for software patents -- were intended to "protect" the open source community (e.g. via OIN). Well, it turns out to be the very opposite of the truth because according to Microsoft booster Gavin Clarke, Microsoft is likely to get Novell's patents very soon. It's not just Microsoft actually; Novell patents will land at the hands of several who are Linux-hostile, including:

While it is not known what particular patents Apple and Oracle are getting, Tiemann based his fears on the companies' recent actions and statements.

Oracle, for instance, has sued Google, claiming that Android violates its Java patents. "Oracle's prior actions suggest that Oracle may be planning to create a dominant position in Mobile at Google's expense," Tiemann said.

Meanwhile, Steve Jobs has threatened to "go after" Ogg Theora and other open source video codecs. "It seems plausible that Apple's most credible competitor in the mobile market, Android, would be vulnerable to challenge by the patents involved in the CPTN-transaction," Tiemann said.

Tiemann's statement was a response to a disclosure from Germany's Federal Cartel Office (FCO) that Microsoft and EMC have made additional statements about what they intend to do with the patents. Microsoft plans to return the patents its buys from Novell back to Attachmate, Novell's new owner, and merely license the portfolio. EMC says that its share of the patents will not relate to virtualization. EMC owns VMware.


More at The H:

A consortium made up of Apple, EMC, Microsoft and Oracle which planned to purchase 882 Novell patents, following Novell's takeover by Attachmate, has altered its strategy in order to defuse anti-trust concerns. According to the Open Source Initiative (OSI), the consortium will only exist for a further three months with the aim of dividing the Novell patents up between its members. All four members will be granted licenses for all of the patents. Microsoft is reported to have undertaken to sell its patents back to Attachmate and retain only the right to use the technologies protected by the patents. Similarly, VMware parent EMC is reported to have agreed not to acquire any of the patents relating to virtualisation.


Here is the original message from the OSI (Red Hat's staff included):

Towards the end of March, we received a message from the German Bundeskartellamt (Federal Cartel Office or FCO) advising us that the CPTN transaction had been re-notified to them. That means that the consortium seeking to acquire Novell's patent portfolio - Microsoft, Apple, EMC and Oracle - had once again asked for permission to proceed.

OSI Concerns Heeded

Notably, the terms of the transaction seem to have been significantly changed, apparently in response to concerns like the ones OSI expressed at the start of the year. OSI is very pleased that the FCO has been clear about the transaction with CPTN and congratulates them on continuing to consider the overall health of the evolving software market and not just the concerns of the existing dominant players.

Here is a non-expert summary of the differences (summarised with permission from the FCO):

* CPTN will now only exist for long enough to distribute the shares equally among the participants in the transaction (no more than three months), and thus will not form a new long-term patent troll itself. * All parties to the transaction will retain a license to the full Novell patent portfolio, thus immunising themselves from patent actions with the shares they do not hold. * Microsoft will sell its 25% share of the patents on to Attachmate and retain only a license to the portfolio. * EMC will ensure that the 31 patents it has determined relate to virtualisation are not among the 25% share it acquires. * All patents will still be subject to all existing licenses, covenants not to sue and similar restrictions.

OSI Still Concerned

The FCO went on to ask OSI for its views on the revised transaction.


Microsoft boosters like Microsoft Florian are already playing along with the CPTN, breeding fear of legitimising this anti-competitive and Linux-hostile move. Microsoft is trying to use patent portfolios to ensure it gets paid no matter whose products are sold and the situation is made worse as Microsoft is likely to use its Elop-run Nokia as a litigation machine (led by Elop after Microsoft gave him some blessings, sent him to Nokia, and made him richer with Microsoft stockpiles). See the article "Patent Lawsuits Are Key Battleground for Nokia":

Nokia's recent legal actions against Apple underline how patent infringement lawsuits have become a key competitive strategy for mobile phone makers, especially as software escalates in importance in the smartphone market.


To twist Steve Ballmer's words, "Microsoft is a cancer that attaches itself in an intellectual property sense to everything it touches." This includes Nokia and Novell. Their patents end up in hostile hands, just like Sun's.

Patents are the nuclear option. The difference is, patents cannot be converted into energy (well, unless the papers are put in the fireplace).

Comments

Recent Techrights' Posts

Changes at the Solicitors Regulation Authority (SRA)
SRA is basically a waste of money
Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
 
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
Amutable is a Microsoft Siege Against Freedom in GNU/Linux, Just Like the People Who Brought You 'Secure Boot' Controlled by Microsoft
Do whatever is possible to avoid Amutable and its "products"
Growing Focus on Publication
Over the past ~10 days we always served more than a million Web hits per day
Central Staff Committee Confronted António Campinos for Giving His Cocaine-Addicted Friend Over 100,000 Euros to Do Nothing, Just Pretend to be Ill, While Cutting the Salaries of Everybody Else
"On the agenda: Amicale framework & Financial assistance for courses"
"Going to be a large number of Microsoft layoffs announced soon"
Everybody knows a giant wave of layoffs is coming Microsoft's way
End of the 'GPU Bubble' and NVIDIA Finally Admits It Won't Bail Out Microsoft OpenAI Anymore
circular financing (financial/accounting fraud)
Corrupt Media Won't Hold Accountable Rich People for Role in Pedophilia
Journalistic misconduct or malpractice is a real thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 05, 2026
IRC logs for Thursday, February 05, 2026
EPO Management ("Alicante Mafia") Not Properly Sharing Information on Scale of Strikes by EPO Staff
disproportionate (double) deductions in salaries against people who participate in strikes, which are protected by law
Gemini Links 06/02/2026: Slop/Microslop, Home Assistant, and Valid Ex Commands
Links for the day
Blackmail evidence: Debian social engineering exposed in ClueCon 2024 talk on politics
Reprinted with permission from Daniel Pocock
Bitcoin crash: opportunity or the end game?
Reprinted with permission from Daniel Pocock
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop
Links 05/02/2026: EU Commission Gutting Net Neutrality
Links for the day
Gemini Links 05/02/2026: NixOS Books and Monochrome Emojis
Links for the day
Links 05/02/2026: Canadian Government Uses US LLMs to Override Expert Opinions, NVIDIA Troubles Due to Enablement of Mass Plagiarism ('Piracy') Misleadingly Obscured as "Hey Hi"
Links for the day
Explaining the Letter From JUDGE SYKES FRIXOU, Threatening Me Around the Time GNOME's Nat Friedman Lost His CEO Job at Microsoft GitHub and His Best Friend Got Arrested for Strangulation
this letter (with annotation) is critical
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026
Links 04/02/2026: Extreme Malice in Microsoft's Visual Studio Code on GNU/Linux, More Hey Hi (AI) Chaos
Links for the day
Sexism & GNOME: shaming men, hiding women, Sonny Piers update
Reprinted with permission from Daniel Pocock
You Know Microsoft's "Value" is 100% Fictional When in One Single "Trading" Day in Wall Street It Loses THREE TIMES More in "Value" Than It Was 'Worth' in 2009
Microsoft does not behave like a company riding trillions but like a company that struggles with payroll
Gemini Links 04/02/2026: Humanity and Animality, systemd (Controlled by Amutable, a Proxy of Microsoft) Moves on to "Extinguish" Phase
Links for the day
Better Outcomes When Facing the Discomfort of Conflict
Don't take the easy way out when the "hard way" is the right way and it can result in positive revelations
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day