Bonum Certa Men Certa

Novell's Case Against Microsoft Unrelated to 'Microvell' and 'AttachMSFT'

It's all about Noorda's Novell, not Ballmer's and Hovsepian's 'new' Novell

Ray Noorda
Ray Noorda, who died three weeks before Novell became partly Microsoft controlled



Summary: Clarifications about the Novell vs. Microsoft case and what it's really all about (or who it really involves)

A FEW days ago we wrote about antitrust cases and about Novell's case against Microsoft in particular. It is not about today's Novell, but about Noorda's Novell. Noorda died almost exactly 5 years ago, leaving a legacy that teaches what a corrupt company Microsoft really is (we have some court exhibits in our wiki). It's about a different Novell that existed long ago and was run under completely different reign/leadership. The Novell of the past 5 years was run jointly by Microsoft and now by Attachmate, which is a top partner of Microsoft (apropos, watch some Novell-related videos from Attachmate's BrainShare [1, 2, 3, 4, 5] and some about Groupwise, such as this new one).



SUSE has been decoupled from Novell and it is doing its own rituals, pretending that SUSE itself is not in Microsoft's pockets (even though it is, especially since July) and it's no wonder that there are delays. The project has been suffering delays for quite some time and even frequency of releases got lowered a couple of years ago. It is not looking too good. OpenSUSE only matters for marketing purposes. It makes Microsoft's GNU/Linux distribution be portrayed as "open" and "community-driven". But moving on a bit, it seems as though Mr. Gates will have to leave his PR/lobbying/investment operations for a day or two to explain/justify his crime to the courts. As Pogson puts it: "Remembering the past should help us avoid a repetition. We shall see whether or not the message was learned. It seems the old “partners” of M$ are continuing to go along. It will take the new power houses of Google and Android/Linux to finish the battle between good and evil in IT." He also wrote about "harassing customers" of Android, which is something we addressed the other day.

A lot of the coverage of the case against Microsoft comes from Pamela Jones, who is very familiar with this case. So aside from the continued focus on the Oracle vs. Google case and analysis of patent trolls from Professor Webbink (who already highlighted the connection to Intellectual Ventures, Microsoft's patent troll), Groklaw covers the Novell case in two parts (so far). Pogson remarks on Gates' role while Jones writes:

Today was the first day of the trial in Novell v. Microsoft, the antitrust trial over WordPerfect and Quattro Pro. Novell won the right to this trial on appeal. The US Court of Appeals for the Fourth Circuit reversed Judge J. Frederick Motz's ruling [PDF] on summary judgment in favor of Microsoft, basically on a technicality, and so it's back to Utah they had to go, but with Judge Motz, who is a judge in US District Court in Maryland, where the case had been transferred from Utah, commuting to Utah to stay in charge of the case.

The case matters, because normally Microsoft settles antitrust litigation either before they go to trial or early in the trial, and frankly, I wouldn't be surprised if that happened again.

Our own Chris Brown attended for us today. He says that mainly today was about picking the jury. They sat 12 jurors, out of 45 prospective jurors, just in case. In Utah, where this trial is happening, the judge explained, you only need 6 jurors for civil trials, but things happen, and rather than run out of jurors, they picked double the amount, and he says the judge said all of them would participate if they all make it to the end of the trial. They were then released until the morning, 8:30 AM promptly, and the lawyers then argued about whether the Findings of Fact from the US government's antitrust trial against Microsoft should be called Findings of Fact or just Findings.


This trial will be interesting to watch, but it is not related to the same Novell we were boycotting, the Novell which was a Microsoft ally rather than a foe. The 'old Novell' died just weeks after Noorda had died. The 'new' Novell needs to die because it is actively helping Microsoft promote Linux tax, promote .NET, promote OOXML, and so on. It ought to be noted that Novell's role in the SCO case also predates Ballmer's and Hovsepian's leadership at Novell.

"Now [Novell is] little better than a branch of Microsoft"

--LinuxToday Managing Editor

Recent Techrights' Posts

Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
Rust Keeps Breaking Ubuntu in All Sorts of Extraordinary Ways (and All Distros Based on Ubuntu Will Break Also)
The FSF's stance on this is unclear
With Net Income of One Billion Dollars Tesla Claims It Can Pay a Fake Founder (Who Paid for This Lie) 1,000 Billions
What does this tell us about Wall Street?
The 'Politics' of Operating Systems (or Exclusion for Inclusion's Sake)
This whole 'wrongthink' policing is getting out of hand
The Internet is Becoming Dead or a Zombie
The Internet is becoming like a giant botfarm
Gemini Links 10/11/2025: Homelabs and KeePassRX Manual Now Available
Links for the day
 
Links 11/11/2025: Slop Ruins Music, Facebook "to Discontinue Like and Comment Buttons on Third-Party Websites"
Links for the day
The Voice of Microsoft
Marketing disguised as a science
"MIT Technology Review Insights" is the Selling of Ponzi Schemes for Sponsors (MIT Lacks Integrity)
Just like IBM, they're chaining buzzwords now
Boot-locking Laptops and Desktops After Falsely Marketing That As 'Security' and Not Obligatory
If anyone can confirm this to us
GNU/Linux Cannot Buy Fake Journalism and It Won't Bribe Large Publishers
Free software developers don't purchase "sponsored" placements and that will never change
Static Site Generators (SSGs) Save You Lots of Money and Problems
We've basically reduced the environmental/carbon footprint of the site by a factor of ~100 (2 orders of magnitude)
IBM Does Not Care About Families, Communities, and Even Its Own Workers
Red Hat isn't a family and to believe that it is would be the makeup of cults
Too Much of Today's Web is Fake, Not Just Fake News
We'll continue to advocate for adoption of Gemini Protocol
Simulating a Downtime Tomorrow Night
It is expected that network redundancy will make this maintenance invisible to us, but IRC hangups or general slowness are still a possibility
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 10, 2025
IRC logs for Monday, November 10, 2025
Links 11/11/2025: Conflicts and Politics From National Broadcasters
Links for the day
Gemini Links 11/11/2025: Poetry and Electronics Studies
Links for the day
Apple's Debt Grew by About 16 Billion Dollars This Past Year, "Disappointing iPhone Sales" Reported
People who buy Apple's goods based on some false notion that Apple is "cool" or ethical or "underdog" (late 90s) aren't just living in the past; they're fools
Turning Down Proprietary Software is About Making Society Better
We should not be tempted to shame people for merely trying to keep programmers honest and human rights-respecting
Debian GNU/Linux Became the Most Popular (Most Distros Are Based on It) Owing to Richard Stallman
New presentation
A Day for Poppies
This site will run as usual today. We continue our fight for Software Freedom.
"Modern" Doesn't Mean Better, It Typically Just Means Newer
RMS demonised as someone who rejects "modern society" ("rejecting modern society") by a site that uses slop extensively
The Cocaine Patent Office - Part IV: European Patent Office to Come Under Media and Political Scrutiny
We'll persist until we get some answers
63-Page Response to the EPO's Effort to Decrease the Salaries of Workers While EPO Management Snorts Cocaine for 20,000 Euros a Month
"Read more in these written comments we sent to the members of the GCC"
Response to Another New Hit Piece About Richard Stallman (RMS)
We see similar smears floating about and tackling them can help not only RMS but anyone who thinks similarly about computers
Shrinking and Cheapening the Workforce: the Future of Red Hat and IBM
Does Red Hat cheapen the workforce?
Links 10/11/2025: BBC Turmoil and Iranian Drought Crisis
Links for the day
The Register MS Still Occasionally Uses Slop
some articles don't use real images
Links 10/11/2025: "Scam Altman Gets Served Subpoena" and "China will Rule Renewable Energy"
Links for the day
ubuntupit.com Has Paused the LLM Slop (for Now)
No slopfarm ever offered any real value
More Media Coverage From Austria Regarding Cocaine Use by EPO Management
The ultimate goal is full accountability
Ponzi Economics and the Media's Role in Defending Ponzi Economics
We occasionally notice weak or almost-non-existent coverage regarding the economy
Links 10/11/2025: Very High Windows TCO and XBox Continues to Languish
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 09, 2025
IRC logs for Sunday, November 09, 2025
Governments That Financially Benefit (Profit) From the EPO Have a Long History of Covering Up Fraud and Corruption at the EPO
Many people are aware of it, even some of the biggest EPO stakeholders
Our Time in London
10 Days Ago We Were Down in London
Giving Red Hat a Second Life and Second Chance: Drop the LLM Slop, Stop Publishing Promotion of LLMs or Text Made by LLMs
For Red Hat to earn more trust it needs to quit participating in the biggest "pump and dump" pyramid scheme since the 1990s
Gemini Links 09/11/2025: Garden Room Complete, FreeBSD 15.0 on the ThinkPad T480, and Known Gemini Caspules Sorted by Number of URLs
Links for the day
Links 09/11/2025: Fung-wong Strikes Maharlika, "Open" "AI" Wants Taxpayers to Give It Bailout Money
Links for the day
Links 09/11/2025: "Avoid MSI Graphics Like the Plague", Harms of Social Control Media More Widely Recognised
Links for the day
Rocky Linux's Embrace of Mindless Cargo Cults Will Harm Rocky Linux in the Long Run
focus on technology, not marketing that defrauds many people and plagiarises many producers
Many of Red Hat's Official Blog Posts Seem to be Fake, Written at Least Partly by Bots (LLM Slop)
Can one trust Red Hat on technical things if it cannot even write words?
Suggestions Regarding Techrights Search
In some cases, Daily Links also serve to obscure our original articles
"Open" "AI" is Going Bankrupt, Appealing for Government Bailout
The writings have been on the wall for years
Reaffirming Rumours of More Microsoft Layoffs, Halo Impacted, XBox Business Winding Down
XBox has a huge target painted on its bum
"Secure Boot": Stop Trying to Boot Into GNU/Linux, Use Vista 11 Instead
It's all about reducing the user's cybersecurity under the false guise of improving it
This is What We Always Wanted to Spend Our Time on
2026 will probably be our most productive ever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 08, 2025
IRC logs for Saturday, November 08, 2025
LowEndBox Resorts to Ableism to Smear Software Freedom
Not some "low-level" pundit but an administrator
IBM is Destroying Red Hat (by Extension, It Also Harms GNU/Linux)
IBM is where things come to die, more so in the past decade or so
Austrian Media Coverage of Luis Berenguer's (Top EPO Official) Getting Busted for Cocaine
This wasn't some rich tourist caught by cops, it was a local official whom they busted
This Coming Thursday EPO Staff Meets Online to Discuss the Salaries Going Down While Stoned Managers Increase Their Own
compensation going down relative to inflation and other factors
Misinformation of IBM Spread via LLM Slop
Since a lot of sites now rely on LLMs we can expect the corporations' lies to be perpetuated by bots. That includes the myths of IBM Red Hat.
Gemini Links 09/11/2025: File Managers and DPC Commissioner
Links for the day