Summary: Techrights’ fight against ‘Linux tax’ from Microsoft is getting a lot more attention this Friday

“BOYCOTT NOVELL” was all about stopping Microsoft tax on GNU/Linux. More people are beginning to wake us and realise that our cause was all along on target, as several distributions of GNU/Linux which paid Microsoft for this ‘privilege’ simply went extinct (Xandros' price was $50 for Microsoft patents). Our goal was to ensure that people/companies do not become dependent on Microsoft-taxed distributions, as that would simply serve Microsoft’s goal of making GNU/Linux its own cash cow. SUSE, Turbolinux, and Linspire were also part of this problem and all those companies went into the ashtray of history. There are more such companies, but they sell hardware, not purely software.

Everyone appears to have just ‘discovered’ that “HTC Pays Microsoft $5 Per Android Phone” and there is already a lot of coverage about it. Quoting The Register:

Buy an HTC smartphone and $5 of what you spent on it goes to Microsoft – even if you’ve just bought an Android device.

So says Citi analyst Walter Pritchard in a note sent out to investors today, according to Business Insider.

Microsoft announced the royalty payment deal – the result of a legal settlement – last year, but the amount the software giant receives was not made public. MS has alleged Android infringes its intellectual property, and has other smartphone vendors in its sights.

Pritchard reckons Microsoft is pursuing other Android handset makers for a royalty of $7.50-12.50 per device. HTC clearly got of relatively lightly by settling Microsoft’s claims out of court.

[...]

Microsoft can’t be too forceful. If can’t afford to overly annoy those vendors who’re also selling phones based on its Windows Phone OS – they might just drop it, in a huff. Or they may trade lower royalties for a stronger commitment to WinPho – something Microsoft needs far more than even a few hundreds of millions of dollars in royalty payments.

Saumsung, LG, and Kyocera Mita also pay Microsoft for Android. There might be more such companies, perhaps not prominent ones though. Faced with a price tag, people act surprised about it even though our site has highlighted this issue since 2007 when Samsung signed the first such deal and in order to discourage similar deals we called for a boycott. The bottom line is, we do have a problem here, but it is not a new problem. We even found one anti-Linux propagandist writing: “This is just fraud. I really like HTC phones with their Sense interface but I have a Galaxy S II on order and I will not buy any HTC phone again while they give in to Microsoft’s blackmail.”

According to other news from today, Lodsys wants to go after Android developers. “Patent holding company Lodsys caused a stir recently when it demanded money from iOS developers using in-app payments,” says this report, “something it holds a patent for. Now it appears that Android developers could be next in line for a stern email from the firm.

“Android Community has spotted one developer who is claiming to have received a request for payment in relation to integrating in-app payments into an Android app. If true, it could stir up another hornet’s nest of anger in the development community.”

“Saumsung, LG, and Kyocera Mita also pay Microsoft for Android.”This is actually not news and we alluded to it before. Apple, unlike Google, is a patent aggressor, so it is not the same situation for Android and Apple’s hypeOS. Interestingly enough, Microsoft’s ally Nokia is also giving a hard time to Apple. How long before Microsoft uses Nokia to sue Android distributors too? Nokia has given hints about it. Microsoft’s strategy is to tax Linux from as many directions as possible. It’s blackmail [1, 2, 3, 4, 5, 6, 7], so regulators should step in to intervene. █

“That’s extortion and we should call it what it is. To say, as Ballmer did, that there is undisclosed balance sheet liability, that’s just extortion and we should refuse to get drawn into that game.”

–Mark Shuttleworth

ON a couple of occasions in the past we wrote about Sanyo’s Linux situation [1, 2]. As far as phones are concerned, it’s in Kyocera’s hands now and Kyocera Mita sold out to Microsoft. According to this new article, the “Zio M6000″ Android phone shares an identity with both Kyocera and Sanyo, whose mobile business Kyocera bought.

Kyocera’s first Android phone was announced in March under the name Zio M6000. The phone is now available under the company’s venerable Sanyo brand from no-contract mobile provider Cricket Communications, a wholly-owned subsidiary of Leap Wireless International.

This phone is taxed by Microsoft and should therefore be avoided. There are Android phones whose makers do not pay Microsoft for Linux, so their makers should be rewarded.

“M.A.D. is already hitting the market, at least in the new and lucrative smartphones business.”It is clear that software patents have gone the wrong way (not advancing innovation, just taxation), especially in mobile phones. Vivek Wadhwa wrote about this subject recently [1, 2, 3] (he cites hypePhone patents) and in his personal blog he caries on ranting about software patents. What gives his rants credibility is that he actually got some software patents in the past and he now regrets this.

M.A.D. is already hitting the market, at least in the new and lucrative smartphones business. Apple is one of the aggressors (suing Linux/Android) and Groklaw has just published this excellent overview of the HTC/Nokia/Apple lawsuits situation, in isolation (there are more patents and parties involved in this ‘nuclear war’ of patent monopolies). Pamela Jones writes:

I don’t know about you, but I’ve found it hard to follow the various patent lawsuits involving Apple, Nokia and HTC. First there are so many cases filed all over the place, it’s hard to understand the big picture. And I kept asking myself what it was all about. I mean, what’s it all about really? Because some exhibits filed by HTC have just been unsealed, we get to read Apple admitting in one of the documents that the HTC litigation is indeed about Google and Android and the Open Handset Alliance. Or as Apple puts it, “HTC’s products implicate the Android operating system developed by Google and the Open Handset Alliance.”

This article may easily give the impression that Microsoft is not part of the problem, but Microsoft is already extorting a high number of handset makers, including Kyocera/Sanyo. How big and thus destructive does this ‘nuclear war’ of patent monopolies have to get before some large monopoly like Microsoft, Apple or Nokia calls for the end of software patents? █

Summary: Microsoft and de Icaza are still trying to make Android rely on .NET and it’s not surprising given that Microsoft is unable to produce decent phones (or phone platform) of its own

WE HAVE posted literally dozens of times about Microsoft imposing a patent tax on phones running Linux. This only applies to phones from Samsung, LG, HTC, and Kyocera Mita (Asian companies where software patents have some legitimacy).

To Microsoft, getting paid for most Android phones that are shipped is not enough. Microsoft also wishes to control the software which runs on these Linux-powered phones and MonoDroid is one option for achieving this [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16].

“Microsoft also wishes to control the software which runs on these Linux-powered phones and MonoDroid is one option for achieving this.”According to news which reached Slashdot some hours ago, Microsoft is now promoting this route, offering even more endorsement to Mono. “Miguel de Icaza is not concerned about legal challenges by Microsoft over .Net implementations, and even recommends that Google switch from using Java,” says the summary from Slashdot. Earlier this month we showed that Microsoft MVP de Icaza was twisting and lying about the Java lawsuit [1, 2, 3, 4, 5], as we last noted two days ago.

So, why is Microsoft so desperate to make Android Microsoft dependent? Well, it’s because their own phones are failing and market share is falling. Microsoft’s mobile reality is gloomy. Vista Phone 7 [sic] won’t change much, definitely not with its reliance on Silverlight. OpenBytes expects Microsoft to throw yet another $400 million (or more) down the drain:

Cast your mind back to some of the Microsoft adverts of the past. Lets reminisce with a wry smile at the shoe commercials that were supposed to be funny. Let’s remember the Windows 7 party adverts that were so wooden, that they made an episode of Home & Away look like a cinematic masterpiece. Then we had the “Kin” the f’Kin (sic) phone that must have hurt Microsoft badly when not only did the advertising fail to impress, but the phone itself was dumped shortly after (allegedly after pushing only a few more than 500 units).

It appears Microsoft just can’t relate to people with many products or its advertising in my view. For example, it’s very easy to tout success with Windows 7, when as my recent article touched on, you get no choice over what comes pre-loaded on your machine when you enter a store. I could tout millions of deployments of my operating system if I was able to preload it on all the machines at a retailer.

That aside though, its been reported that Microsoft is to stuff 400 million dollars in the war chest to pimp their next experiment (Windows Mobile 7) and it will be investors (I would assume) who are thinking that with this figure, plus the giveaway of phones to Microsoft employee’s should prove very costly if Win Mob goes the way of the Kin. After all, Windows 7 Mobile is said by some to be its “next of Kin”

Microsoft will no longer mention the “K” word (“KIN”). It’s just too embarrassing and synonymous with “epic fail” or with underage sex. █

Summary: Mono boosting comes from OMG!Ubuntu! (as usual), but the original source of Mono development is drying up

The OMG!Ubuntu! Web site recently got a sibling called OMG!SUSE! and both appear to be regular Mono pushers. The latest example from OMG!Ubuntu! is promotion and glorification of the very thing we warned about some days ago:

The video below sees Seif Lotfy (of Zeitgeist, Sezen, OMG! fame) show off a Zeitgeist-powered Tomboy plug-in he’s been working on .What does it do? Simply put it shows you everything you were doing whilst writing a note – from what you were listening to what you were looking at.

Mono is another sure route to domination by Microsoft, not just patent threats. Consider the fact that Microsoft will be paid for each such device that Kyocera ships and the same goes for Linux-based tablets from Samsung. Because of the wording of the patent deal with Samsung, we immediately suspected at the time (2007) that Mono had at least something to do with it.

The rumors are now reality: Samsung on Tuesday showed the world its first glimpse of the Samsung Galaxy Tab, the company’s new 7-inch tablet.

Can one have this tablet without Android and then install Android (or Cyanogen) oneself in order to sidestep the ‘Microsoft tax’ on Linux from Samsung? If not, then it’s better to avoid all of these products from Samsung and instead reward companies that sell Android on similar devices without paying Microsoft for the ‘privilege’ of selling Linux.

With the exception of some posts [1, 2, 3] that lack substance, OpenBallnux is a ghost town and Ballux is mentioned in conjunction with IBM at Novell’s PR blog. That’s some extremely scarce coverage. It’s probably a good thing because Ballnux is where Mono typically spreads from. If Novell goes bellyup, so will Mono. Too few people except Novell employees are interested in this Microsoft-serving project. As for Microsoft boosters, they already stick with .NET, not its Novell-flavoured little cousin. █

Summary: The IBM-led Linux Foundation allows Microsoft to make money from Linux by accepting another member which engages in this questionable practice

BASED on the news [1, 2, 3], LG Electronics has joined the Linux Foundation. This foundation typically accepts anyone regardless of policy on software patents and even an intricate relationship with the company that litigates against Linux. Here is the official announcement:

The Linux Foundation, the nonprofit organization dedicated to accelerating the growth of Linux, today announced that LG Electronics is its newest member. LG will participate in the Linux Foundation’s events and community development efforts.

A lot of people may no longer remember LG’s treasonous pact with Microsoft. LG is paying Microsoft for Linux (we call it “Ballnux” when that happens) and it is rather discouraging to see many announcements this month about Ballnux devices from LG [1, 2, 3]. Microsoft is making money from both Windows and Android now, thanks to LG. Here is another new phone that’s coming.

Details are starting to emerge (translated) about a forthcoming Android-based smart phone from South Korean handset maker LG. From the sounds of it, the LU2300 will fit well with some of the newer “super” phones like the Nexus One and Motorola Droid.

How does Google feel about being taxed by Microsoft (at a manufacturing level) for its operating system? See the Apple vs HTC case, recalling that Microsoft used it to justify extortion against large vendors for Free software that they use. This is what Microsoft does with LG and Samsung, which is also based in Korea. Samsung must be paying Microsoft for Linux boot-up on its new sub-notebooks.

It looks ordinary enough and has largely average performance, though the extra battery life is welcome and the alternative Linux boot-up is fun.

Samsung also has some new Android phones [1, 2, 3], which are being ‘taxed’ by Microsoft behind people’s backs.

If AT&T keeps in line with their recent Android strategy, the Galaxy S could be hampered by lock-downs and restrictions.

Yes, it hardly even feels like Free software. But where is the mainstream media, which is simply not covering the fact that Microsoft makes money from Android by extorting companies like LG, Samsung, and Kyocera? This is a major issue. █

Summary: Distributors of GNU/Linux that are hostages of Microsoft or part of its patent racket are looked upon and analysed based on the past week’s news

SUSE (SLES/SLED)

SOME self-appointed experts are saying that IBM might buy Novell^* (which is for sale). The news suggests that this is possible, starting with this item from The VAR Guy:

When it comes to hardware and software, IBM and Novell have a longstanding SUSE Linux business relationship. So where are the two companies heading next together? Novell and IBM provided some clues during last week’s Novell BrainShare conference in Salt Lake City, Utah. Here are the details.

It is worth pointing out that Novell uses The VAR Guy to market itself. Novell and its allies also pay Gillen (IDC) to promote themselves (so does Microsoft). The following BrainShare videos [1, 2, 3, 4] were uploaded by Novell a few days ago and there is nothing particularly odd in any of them. The VAR Guy manages the panel fairly well, but it just looks like an echo chamber of Novell partners and guests. It looks almost like it’s scripted (to a degree).

Going back to IBM, Bob Sutor, the VP of standards, open source, and “Linux” (or whatever falls into this basket these days) is playing around with Geeko and adds a picture of a lizard (SUSE’s mascot, the chameleon) to his daily links. This may spur speculations that IBM wants Novell (at least for its UNIX, which needs guarding because of SCO). It is important to remember that IBM helped Novell acquire S.u.S.E.

Anyway, the panel discussion and the Geeko builder both relate to SUSE Studio, which is being promoted by IDG (also here and here).

Today, Novell’s SUSE Studio is a Web-based virtual appliance/ISO image creator using SUSE Linux. It has no parallels that we can find for building operating systems instances.

It is crucial to remember that Microsoft is taxing SUSE using some imaginary software patents Microsoft refuses to show, let alone name.

More IBM and Novell (also here):

IBM is also partnering with Amazon Web Services and Novell, allowing participants to use the DB2 Express-C database and WebSphere sMash application-development toolset on Amazon’s Elastic Compute Cloud, but in this case they will be responsible for Amazon usage fees.

It should be pointed out that Amazon pays Microsoft for its Red Hat servers as though these were SLES servers. Amazon is no friend of GNU/Linux anymore [1, 2, 3, 4, 5, 6]. At Amazon, Linux is Ballnux. It’s taxed by Microsoft, probably because many executives from Microsoft took seats at Amazon. We had warned about this all along. IBM was never against such a tax by the way (it even approved the Microsoft/Novell deal just as it quietly approves software patents). Both Jaffe and Hovsepian, who engineered the Microsoft deal shortly after earning positions of power, came to Novell from IBM.

Here is a new video of SLES as a platform.

There is also this second part.

A Service Pack for SLES 11 is coming soon.

Novell has formally scheduled the upcoming Service Pack 1 for SUSE Linux Enterprise Server for the end of the second quarter of the year. The service pack is currently available as a release candidate for partners and ISVs to test. No new features are being added at this time, but bugs and integration problems are being fixed.

More SLES 11 in the news:

SGI peddles cut-down Altix UV supers

[...]

The entry box already supports Novell’s SUSE Linux Enterprise Server 11 and the just-announced Red Hat Enterprise Linux 5.5, which has all the kernel tweaks to allow it to support the Nehalem-EX processors.

Samsung

Much to our regret, Samsung continues to make Ballnux phones that contaminate Android as a free platform [1, 2] (some are just rebranded Samsung phones, at least in the UK [1, 2]). What does not add to Samsung’s credibility is that following fraud [1, 2, 3] the company takes the fraudster back (as its top man even).

SOUTH KOREAN BILLIONAIRE Lee Kun-hee, who was found guilty of tax evasion in 2008, has returned to head Samsung.

LG

Samsung’s neighbours at LG are also paying Microsoft for Linux while producing products that typically use Linux [1, 2, 3]. Android too is affected here.

As companies like HTC and Samsung continue to push Android forward with high-end device like the EVO 4G and Samsung Galaxy S, other handset makers are reacting with their own super phones.

Kyocera

Kyocera is another company that must be paying Microsoft for Android (Linux). Here is what The Inquirer has to say:

ELECTRONICS MANUFACTURER Kyocera unveiled a Sanyo-branded Zio M6000 Android smartphone at the CTIA Wireless 2010 show today.

From CBR:

Kyocera Communications, a provider of Kyocera- and Sanyo-branded wireless devices, has introduced Kyocera Zio M6000 Android smartphone, which it claims to blend a new elegant design with an ultra-intuitive user interface to unlock an array of content and applications in Android Market.

It’s stories like this and some older patent deals like those with Google which lead us to suspecting that Android is subjected to Microsoft patent deals already. It’s manufacturers like HTC that are targeted, not Google. █
___
^* Another named candidate is SAP, which has just certified SLES 11, with further SLES support coming from Microsoft (also a candidate for Novell takeover).

Summary: News about companies that pay Microsoft for Linux for no good reason

WITH the opening of BrainShare came some announcements that refer or relate to SUSE. The Ingres news, for example, continues to make an appearance [1, 2] and so does the recent news about GroundWork and SLES.

Built on Novell’s SLES powered Virtual Appliance, the Zendesk Connector, plus GWOS’s Enterprise Quickstart is available for $299 for a one-year subscription. This package is built on the popular Novell SUSE powered virtual appliance, which has been sold to 100 GWOS customers within the first 97 days after launch.

More on Ingres and SUSE appliances in general:

Novell’s SUSE Linux software appliance strategy has attracted key partners — including GroundWork Open Source, Ingres and Zmanda — to the SUSE party. Next up, Novell will turn its SUSE Linux attention to enterprise developers, according to Novell Channel Chief John Dragoon (pictured).

SLES can also be found in this new article.

IBM slapped 256 GB of main memory in the box and booted up 32 JVMs using the native 32-bit JVM for AIX; the machine was able to handle 2,478,929 BOPS, or about 77,467 BOPS per JVM, compared to 61,014 BOPS per JVM on the i 6.1.1 setup. The same fully loaded Power 750 configured with Novell’s SUSE Linux Enterprise Server 11 operating system, using IBM’s own 32-bit JVM for Linux and running 32 JVMs, was able to handle 2,410,483 BOPS, or 75,328 BOPS per JVM.

SUSE forms a relationship with Blue Lance:

Blue Lance, Inc. announced the immediate availability of LT Auditor+ 9 for SUSE Linux, allowing organizations to monitor and report on user activity surrounding changes to Novell’s eDirectory and the NSS file system. The new release consists of two products:

Coming out of BrainShare 2010 we have the following two new videos.

SLED or OpenSUSE is still available on the Shuttle, whose latest step got covered by eWEEK (also found in here).

Shuttle announced a compact, all-in-one PC featuring a 15.6-inch touchscreen and a dual-core Intel Atom D510 available with SUSE Linux. The X50V2 includes a 1366 x 768 display, webcam, 4-in-1 card reader, a 2.5-inch hard drive bay, and up to 4GB of RAM, says the company.

The question on many people’s minds now that Novell is up for sale was the fate of Novell (PR message) not just as a company and community but also as a GNU/Linux vendor.

What a contrast Red Hat makes with Novell, which might bring in more money each quarter but whose Linux business is much smaller and has just hit break-even in its fiscal 2010 first quarter ended in January. Novell has close to $1bn in the bank and has rejected what amounts to a $940m takeover deal (net of cash) from hedge fund operator Elliott Partners. Red Hat is the better buy, but with a market capitalization of $5.7bn and a multiple that probably makes it worth at least $10bn the way Wall Street thinks, Elliott doesn’t have the cash to buy Red Hat. And maybe no one else does either.

Novell’s situation was also covered in the following video.

Other coverage on this issue (not mentioned yet):

• Novell Acquisition Bidding Stalls

The company’s directors are hoping another firm will make a purchase offer above Elliot Associates’ $2 billion bid to acquire Novell.

• Linux business key to Novell sale

Novell’s brand value has diminished in the past decade with its legacy enterprise networking product Netware losing market share to rivals. It is often perceived as a company that lost out to Microsoft in the operating systems war.

[...]

“We expect double-digit number of strategic buyers will take a look at this,” said Brad Zelnick, analyst at Macquarie Equities Research and ex-employee of Novell.

• BUSINESS IN BRIEF: North Shore resident gets 17 years in prison for ripping off company to the tune of more than $20 million

WALTHAM – Novell Inc. of Waltham said it is looking at a possible sale of the company after rejecting an unsolicited takeover. Over the weekend, Novell turned down Elliott Associates’ buyout offer, valued at roughly $2 billion. The software company said Elliott’s offer undervalues the company’s growth prospects.

• Novell Is Looking for a Buyer After Rebuffing a $2 Billion Offer

This was also mentioned again in Reuters and several other places. It’s very major.

Samsung and Kyocera

“Bada” turns out to be Android-based, which isn’t particularly good for Google because Samsung pays Microsoft for Linux.

Like the Samsung Wave, a smartphone running Samsung’s home-grown, “Bada” operating system, the Android-based Galaxy S offers an unnamed 1GHz processor. Several industry reports have suggested it’s a Samsung processor, which would make sense. Our guess for both phones is the Cortex-A8-based, 45nm-fabricated S5PC110.

A few days ago we mentioned Kyocera because it’s another example of a company that probably pays Microsoft for Android.

Kyocera Communications announced its first Android phone, aiming at the mid-range of the market. The Kyocera Zio M6000 is equipped with a Qualcomm MSM7627 SoC and 3.5-inch WVGA display, plus WiFi, aGPS, Bluetooth 2.0, a 3.2-megapixel, video-ready camera, and up to six hours of talk time, says the company.

These dealings are not beneficial to Linux because they give the false impression that Microsoft owns Android in some way. █

Summary: Kyocera introduces phones with Android, yet a lot of people do not remember the company’s deal with Microsoft and its effects

ONE of Microsoft’s lesser-known Linux deals (a patent racket) is with Kyocera [1, 2, 3] (category page here). This deal involves Kyocera paying Microsoft for Linux, which it uses in few of its products. According to this short new report, the racket will extend to Android phones (and be related to Sanyo too, being the exFAT collaborator and Kyocera adjunct).

Following the saying “The more the merrier,” I am pleased to announce that Kyocera revealed the launch of a new Kyocera (and Sanyo) branded Android device at CTIA 2010 today. The Kyocera Zio M6000 will be released in Q2.

So here we have a phone that will also have Sanyo involved in Microsoft’s racket. It’s all rather similar with Samsung, which has this new Android phone. It’s bad for Android [1, 2] because Microsoft is taxing Android here, behind Google’s back (it turns Android to Ballnux). Similarly, Samsung’s competitor in Korea, LG, makes new Android phones. These too will be taxed by Microsoft as LG will pass money to Microsoft for each one sold, based on the nature of the patent deals that are racketeering [1, 2, 3, 4, 5, 6, 7]. Considering Apple’s Android lawsuit [1, 2, 3, 4, 5, 6] which is supported by Microsoft [1, 2, 3], this is just part of the problem. Microsoft and Apple would love to treat Linux as though it is theirs. █

“Microsoft is asking people to pay them for patents, but they won’t say which ones. If a guy walks into a shop and says: “It’s an unsafe neighbourhood, why don’t you pay me 20 bucks and I’ll make sure you’re okay,” that’s illegal. It’s racketeering.”

–Mark Shuttleworth

Summary: News about the different types of “Ballnux” distributions (ones from which Microsoft extracts profit through intimidation and collusion)

SUSE (SLES/SLED)

THERE HAS BEEN NO major news about SLE* in the month of February, but the product in being used or deployed in some areas. Novell’s marketing people write about the SUSE appliance of ROC EasySpooler. Here is the press release (also here):

ROC Software Systems Inc. announces the first release of the ROC EasySpooler SUSE-powered appliance. Based on the reliable ROC EasySpooler core technology and a fully supported version of SUSE Linux Enterprise from Novell, the appliance provides the highest level of print output management available to any business environment.

Here is something related that was mentioned two or three weeks ago when the press release came out.

More analysis from The VAR Guy:

Meanwhile, Novell apparently has some momentum going around SUSE Studio and the SUSE Appliance Toolkit.

Novell’s growing focus on software appliances has earned generally upbeat feedback from bloggers and software developers alike. The approach, in theory, allows ISVs to rapidly write SUSE Linux applications that have specific purposes in mind — such as database management, systems management or collaboration.

Since its July 2009 release, SUSE Studio has built more than 250,000 appliances and has nearly 55,000 registered users worldwide, according to Novell statements from January 2010.

Our resident blogger is impressed.

A Linux Planet writer has reviewed SUSE Studio, giving some numbers too:

To date, Novell has had strong usage of its online SUSE Studio Linux appliance development service, with over 250,000 software appliances built. Even with that success, Novell (NASDAQ: NOVL) sees a need to expand the effort with a new SUSE Appliance Toolkit providing an on-premises version of SUSE Studio, as well as a new Lifecycle Management Server to manage appliance updates.

It points to this older article. Promoters of Vista 7 (for money) have also used their publication to promote SUSE Studio:

Can’t code? Don’t worry! You can create a top-quality custom Linux distro from the comfort of your web browser using SUSE Studio.

Novell uploaded this video which bears the description: “At the Consumer Electronics Show in January 2010, Novell announced SUSE Moblin, the first fully-supported Moblin preload for netbooks. SUSE Moblin provides a fully-enabled desktop operating system optimized for Internet, social media, and Web-centric collaboration usage with netbooks and nettops.”

Another more important announcement that involves Novell actually comes from LPI, whose joint press release says:

Novell Inc. (Nasdaq: NOVL) and The Linux Professional Institute (LPI) today announced an international partnership to standardize their entry-level Linux certification programs on LPIC-1. Under this program, Linux professionals who have earned their LPIC-1 status will also satisfy the requirements for the Novell® Certified Linux Administrator (CLA) certification. In addition, Novell Training Services has formally agreed to include required LPIC-1 learning objectives in its CLA course training material.

The text can also be found here and it is worth adding that some months ago we saw that Jim Lacey (LPI head) would be joined by another executive in LPI — one who had granted many Microsoft and Novell certifications beforehand. There could be a relation to this, even though it’s not necessarily the case. In any event, we have found some blog posts on the subject, but there is hardly any news coverage (unless ComputerWorld (IDG) UK counts ).

Novell earlier today partnered up with the Linux Professional Institute (LPI). Under terms of the partnership:

* Linux professionals who have earned their LPIC-1 status will also satisfy the requirements for the Novell Certified Linux Administrator (CLA) certification.
* Novell Training Services has formally agreed to include required LPIC-1 learning objectives in its CLA course training material.
* Together, Novell and LPI want to develop the “Linux workforce of the future,” according to Jim Lacey, president and CEO of LPI.

Novell’s marketing people wrote about this using a headline that only distantly alludes to the news:

Linux Skills Are Attractive to Employers

[...]

This week, Novell and The Linux Professional Institue (LPI), announced an international partnership to standardize their entry-level Linux certification programs on LPIC-1. Under the terms of the agreement, all qualified LPIC-1 holders will have the opportunity to apply for Novell Certified Linux Administrator certification without additional exams or fees.

SGI has some new product which turns out to have SLES support. This is not surprising.

At the system software level, Cyclone offers a flexible computing environment with the choice of Novell(R) SUSE(R) or Red Hat(R) Linux(R) operating systems, further performance-optimized through the addition of SGI(R) ProPack(TM). Altair PBS Professional(R) and SGI(R) ISLE(TM) Cluster Manager provide system scheduling and management.

SLES support is also offered by Double-Take based on this new press release:

In addition to full-server replication, Double-Take Availability for Linux Version 4.6 also expands support for Novell® SUSE® Linux Enterprise Server (SLES) beyond version 10 to include support for versions 9 and 11.

Microsoft's Walli (well, a former Microsoft employee who is now influencing FOSS projects in a way that’s hostile towards Freedom) wrote about Red Hat’s value versus Novell’s, but the situation is only being used as an example:

Let me borrow an example from discussions and a blog post from three years ago. Saving even 50% per year on a Red Hat support contract by switching to Novell is irrelevant. The risk of instability isn’t balanced against a commensurate savings in the overall budget (against say the IBM or Oracle annual spend), or new value-add to the company. It’s not worth the conversation.

Infobright goes with support for the older SLES 10, which seems like an odd choice. SLES 11 has been out for quite a while, but many administrators still (understandably) run version 10.

Infobright Enterprise Edition 3.3.1 also answers the demand for broader platform support with the addition of Novell SUSE Linux Enterprise 10 and Microsoft 32-bit Windows Server to the broad range of popular operating systems already supported by IEE.

More Novell SUSE in the wild:

The heart of the laboratory is a 160-gigabyte database of environmental and agricultural project records running on six HP servers and two Novell servers storing the data and running the modeling software.

A relationship is forming with VMware, which is run by several former Microsoft executives [1, 2, 3, 4].

Novell and VMware are making it easier for independent software vendors (ISVs) to optimize their applications for SUSE Linux Enterprise and VMware ESX. Novell is the first operating system vendor to offer Unified Certification for ISVs with VMware.

Hardware

Intel has some new processor that Novell is said to have “praised”:

Microsoft Relevant Products/Services, Red Hat, Novell and others praised Intel’s new processor.

Processor.com seeks many comments from Novell staff and this time it does so for an article about “Migrating From Unix/RISC To x86 Servers”

For example, low-impact systems are often migrated first and the RISC hardware is redeployed to handle expansion of another RISC-based business application, which allows its life to be fully utilized.” Kerry Kim, data center product manager at Novell (www.novell.com), says another migration trigger is an overall data center upgrade and consolidation project, which often entails refreshing and standardizing the server infrastructure.

OES

Some days ago we wrote about the NHS being too dependent on Microsoft [1, 2, 3, 4, 5]. We now find that the NHS is among the few who renew and extend a contract with Novell:

The agreement is worth around £6 million and will run for up to five years. The NHS will use Novell’s Open Enterprise Server 2 system, as well as the Storage and Access Manager software, as the security “backbone” for 300,000 users accessing the applications.

[...]

Mark Ferrar, strategy director at the NHS, said that using an open source-based system “not only reduces costs, but will also underpin two key strategic initiatives for the NHS – reducing our environmental impact and moving towards a cloud computing environment”.

More information from Ziff Davis [1, 2, 3]:

Specifically, Novell is providing the NHS with its Open Enterprise Server 2 and Storage and Access Manager. This will act as the operating system backbone to support over 300,000 users, said Novell. Meanwhile it is also including ZENworks Configuration Management for remote management, so that IT personel can issue updates and fixes remotely.

ZENworks too is being added to the mix:

NHS Bromley has taken remote control of more than 800 PCs in its GP practices, using an IT solution from Novell.

Novell’s marketing people brag about some rating of ZENworks.

Linspire

Google is giving cash for bugs. Mozilla’s Bug Bounty evokes memories of Linspire’s role in funding it: [also here]

Mozilla announced its Bug Bounty Program in 2004, funded by Linux distribution, Linspire and Mark Shuttleworth, the founder of the Ubuntu Project, a linux distribution. Under Mozilla’s program, reporters of valid critical security bugs receive a $US500 cash reward and a Mozilla T-shirt.

Michael Robertson’s role in Linspire is mentioned right here, but the article is not about Linspire, which is just a fossilised part of history one year after the patent deal with Microsoft.

Samsung, LG, and Kyocera Mita

Samsung, the Korean giant which also signed a patent deal with Microsoft (involving Linux), is bringing to market some Ballnux phones:

Vodafone 360 features a specially designed user interface using Vodafone’s ‘proximity algorithm’ (it brings the most frequently contacted to the front of the list), which was built and designed on the LiMo Foundation’s Linux platform. The native functionality of 360 will focus on content aggregation – bringing together all contacts and content in one place and allowing customers access to different networking sites including Facebook, Windows Live Messenger and Google Talk. Users can also create different contact groups across social networks, so as to share different information with different groups of people.

There is more here, here, here, and here:

Samsung has announced its first Android phone for the Korean market, the Android 2.1-ready SHW-M100S phone, says SamsungHub,. In other Android news, several sites have tipped an HTC-made “Incredible” phone, and Acer reports hot sales of its “Liquid” smartphone.

LG and Samsung are very similar when it comes to their phone strategy and Linux strategy (paying Microsoft for Linux). A couple of articles mention these Korean giants in tandem:

MOBILE PHONE MAKERS LG and Samsung have previewed two new models geared for social networking just a a week ahead of the Mobile World Congress in Barcelona, according to Engadget here and here.

Here is more from LG and from Kyocera Mita, which pays Microsoft for Linux as well. These products are better off avoided. █

ACCORDING TO the following BNet report, companies need not fear junk patents like Apple’s, but who has the money or the means to invalidate patents? It’s notoriously hard and expensive.

When the U.S. Patent and Trademark Office issued patent number 7,479,949 for a “touch screen device, method, and graphical user interface for determining commands by applying heuristics,” eyebrows shot up throughout the industry. On first glance, it seemed that Apple had locked down the concept of a multi-touch interface, posing problems for Palm and anyone else who might want to compete with the iPhone, iTouch, and future products. But some more careful consideration suggests that the patent may not be as broad as it seems — and Apple may have missed including some seminal prior art, at least some of which was known to the inventors. That could cause spell problems in trying to enforce the patent.

BNet has published some more news picks about Microsoft and Apple patents.

Microsoft Trolls

This was mentioned a few days ago because Nathan Myhrvold is still on a racketeering warpath. Currently, he wants to justify what he’s doing by paying for a ‘study’ which defends the practice.

Former Microsoft Exec to Release Patent Troll Study

[...]

The funny part is that this former executive’s company makes its money by, you guessed it, collecting patents. The firm has yet to assert any of its rights in court, however.

What is he striving to be, “king of the trolls” (a representative)?

To defend against such Microsoft-bred trolls, there is already a drive called “Linux Defenders” [1, 2, 3, 4, 5, 6], but it’s not a permanent solution. Nonetheless, it continues receiving some coverage, this time from Heise Online:

Linux Defenders expand initiative against patent trolls

[...]

The Peer to Patent project, an initiative by the United States Patent and Trademark Office, USPTO, is aimed at making the US patenting system more transparent and open to the public. An internet portal is to be jointly created by the USPTO and Linux Defenders to enable the community to provide information to the Patent Office about pending patents that will help clarify whether a patent should actually be granted.

Linux Defenders still gives some validity to these patents. It accepts the broken law and the consequence is unfortunate, as detailed below.

Linux and Big Brother

Microsoft continues to bask in patent deals with companies that use Linux and don’t mind paying Microsoft for nothing of substance. Brother is the latest sellout [1, 2, 3] and the ‘protection’ it bought from Microsoft is allegedly for printers only. Microsoft argues that is has “similar” agreements with other printer or MFP makers and the ones it named are HP, Samsung, Fuji Xerox, Seiko Epson, and Kyocera Mita.

We do not know about Epson and Linux. What about H-P? Are they paying ‘Linux tax’ to Microsoft? It is known that Dell sold out when it “joined” the Novell/Microsoft agreement — whatever this actually mean. According to this article, it’s likely that H-P and Epson did not sign a deal which directly covers Linux.

Since launching its Intellectual Property Licensing program in December 2003, Microsoft has been aggressive about engaging in such deals. Redmond has entered into 500 licensing agreements in a little more than five years. Other licensing deals involving printing technologies include those with Hewlett-Packard, Kyocera Mita, Samsung, and Seiko Epson. Most of these agreements have involved embedded Linux technology.

Microsoft officials believe such agreements will prove to be an integral ingredient in ultimately offering IT shops greater innovation in tying together multiple environments, most notably Linux.

[...]

Many of these companies offer printers based on embedded Linux technology. Microsoft officials say they’ve been active in pursuing licensing agreements with these companies because of the growing popularity of Linux for networked, high-speed office printers.

How can Microsoft charge money for something it does not develop? Does Microsoft not have debt to Linux companies for all those ideas which it copied? Bill Gates once joked about his company’s behaviour when he said: “Hey, Steve, just because you broke into Xerox’s store before I did and took the TV doesn’t mean I can’t go in later and steal the stereo.” Microsoft actually began business with ‘theft’ of many ideas and dumpster-diving for other people’s discarded code. That’s the true story which Microsoft prefers to bury.

Anyway, for future use, this latest development was also covered in:

• Microsoft and Brother strike patent deal
• Microsoft and Brother sign cross-licensing deal
• Microsoft inks patent deal with Brother

The patents will cover such subjects as Microsoft Office integration and embedded Linux systems. Financial terms of the deal were not released, but Microsoft said that it would be receiving compensation from Brother.

Why is the Linux Foundation not stepping in to fight this? Can it be that IBM is a pro-software patents lobbyist, so it simply doesn’t care? █

Among the companies which foolishly signed a software patent deal with Microsoft we have Novell and Kyocera-Mita. Both deals involved Linux specifically. We previously highlighted a connection between Kyocera-Mita and Novell and later showed how Sanyo potentially fits into this picture. Another connection between Kyocera-Mita and Novell — or at least some more clues — can be found in this new press release that announces imaginary property being passed from Peerless to Kyocera-Mita, namely:

Peerless also maintains strategic partnerships with Adobe and Novell. For more information, visit Peerless’ web site at www.peerless.com.

[...]

Such risks and uncertainties include, among other things, changing competitive and market conditions, our reliance on certain OEM customers for significant portions of our revenues, the sufficiency of our capital resources, any adverse change in our relationship with Adobe Systems Incorporated and/or Novell, Inc, increased competition both from in-house OEM products and low cost offshore competitors, the impact of Microsoft’s Vista(TM) operating system, reduced demand for our existing monochrome technologies or other products, the rapid changes taking place in the emerging color print devices markets, our ability to realize contract backlog, our ability to identify new customers or place our technology in a broader base of products, our ability to leverage core competencies and find product segments that blend well with our core business, our ability to successfully enter new software application sectors, our ability to maintain our profit objectives and create compelling margins, the tenure of the competitive advantage of our old and new technologies, our reliance on block licensing, our ability to develop and market our advanced devices and software, the validity and protection of our intellectual property rights, risks associated with international business activities, our reliance on key personnel and our board of directors and our ability to execute our business plan and strategic partnering transactions.

This is nothing of great significance, but we have it recorded in case it will come handy in the future. █

From Associated Press here is the article covering this major transaction:

Sanyo Electric Co. said Monday it will sell its troubled mobile phone operations to Kyocera Corp.

The two electronics companies have said the value of the business to be transferred is about $375 million, or 40 billion yen. Including debt the deal — set for completion April 1 — is worth about 50 billion yen although a final transaction price has yet to be agreed.

[...]

Under Monday’s agreement, about 2,000 employees in Sanyo’s mobile phone operation will be transferred to Kyocera, which will continue to use the Sanyo brand on handsets at home and overseas.

[...]

Kyocera has close ties with telecommunications company KDDI Corp.

This would be bad news if and only if Sanyo mobile phones were/are running Linux. █

1. Joining an ‘Openness’ Consortium…

2. Creating an Arbitrarily Open Standard…

3. Rebranding Existing Features…

4. Buying Into (and Locking Up) an Existing Open Standard
Big businesses are great at jumping on bandwagons. But even when they chase a revolutionary idea like openness, it’s only a matter of time before it’s back to business as usual. Take for instance Microsoft’s foray into Linux territory. The software giant wet its beak in the open source movement by partnering with Novell to distribute its own version of the operating system. But after briefly playing nice, Redmond went on a saber rattling campaign claiming that Linux violates 235 of its patents. Guess who Microsoft granted amnesty from its would-be legal assault? That’s right — Linux users who had bought into Microsoft’s version of “openness”.

Novell, Scaled & Xandros, Linspire, Turobolinux, Samsung, Kyocera Mita, Fuji Xerox, LG, the OSI, Corel, ISO, Apache, Zend, XenSource (Citrix), CIsco and Apple ought to pay attention to the text above.█

Related posts:

• Destruction Through Assimilation
• The OSI Invasion Merely Follows the Linspire/Xandros/Novell/Turbolinux Invasion
• Dissecting Microsoft’s OOXML/ODF Strategy

The following is a minor observation based on a new press release (appended below) from Kyocera Mita, which signed a patent deal with Microsoft. The press release accompanying Microsoft’s deal with Kyocera Mita mentioned Linux explicitly, which makes products from Kyocera Mita what shall be referred to as “Ballnux” (a suggestion made by a reader as a consistent term for Linux products that pay Steve Ballmer a ‘tax’ for mythical obligations).

As you can see near the bottom, a company that Kyocera Mita is acquiring has a partnership with Novell, which itself has a deal with Microsoft.

Peerless’ customer base includes companies such as Canon, IBM, Konica Minolta, Kyocera Mita, Lenovo, OkiData, Ricoh, RISO, Seiko Epson and Xerox. Peerless also maintains strategic partnerships with Adobe and Novell. For more information, visit Peerless’ web site at www.peerless.com.

This is indeed minor, but it may be worth filing here regardless, at least for future reference. █

Kyocera Mita Corporation Sets Stage for Aggressive Document Solutions Technology Development Through Strategic Acquisition of Peerless’ Intellectual P

Friday January 11 12:00 AM

Kyocera Mita Corporation (www.kyoceramita.com), a group company of
Kyocera Corporation, and one of the world’s largest manufacturers of
office information equipment, including network-ready digital
multifunctional products (MFPs) and printers, is acquiring $37 million
USD in intellectual property (IP) and assets of Peerless Systems
Corporation, as part of a strategic move to expand its global market
share, as well as accelerate and strengthen its technological
development.

Through its award-winning ECOSYS technology, Kyocera Mita
manufacturers and markets document solutions proven to be one of the
most reliable, durable and cost efficient products in the industry. By
incorporating Peerless’ IP and R&D directly within its own operations,
Kyocera Mita will strengthen its competitive position and deliver
additional product value and higher customer satisfaction to the
end-user.

“We believe there are untapped, strategic opportunities to better
serve today’s demanding business customer which can be captured
through the advent of emerging printing technologies,” said Katsumi
Komaguchi, president, Kyocera Mita Corporation. “Although we have been
a collaborative partner of Peerless Systems for years, we can now more
fully leverage such technologies, and the skills of the engineers who
helped develop them, through the elevated position of operational
strength this acquisition brings us.”

The company said it expects to announce new high speed color
printers and MFPs based upon its acquisition in this year, and will
continue to consider alternative software technologies based on
customer demand. In the meantime, Peerless will continue to serve
current and prospective OEM customers, as well as develop new IP for
use in future products and services, under terms of the agreement.

“The business value of this engagement goes far beyond the IP and
patents being added to Kyocera Mita’s portfolio,” said Michael
Pietrunti, president and CEO, Kyocera Mita America. “We are
strengthening our entire R&D process and pipeline to better compete in
a crowded, commoditized market – the results of which will provide a
higher degree of value and overall satisfaction for the end-user.”

The Peerless transaction is scheduled to close before June 30,
2008, and is subject to certain conditions including shareholder
approval. Kyocera Mita plans to transfer approximately 40 Peerless
employees who have been involved in the development of Kyocera Mita’s
products. This team will report to Atsushi Yuki, president of Kyocera
Technology Development, Inc., a research, design and testing facility
of controller technology and printing software for Kyocera printers
and multifunctional devices, and a subsidiary of Kyocera Mita America,
Inc.

The transaction includes all IP and assets relative to Peerless’
digital imaging software offerings, as well as all of Peerless’
patents and specific fixed assets.

ABOUT KYOCERA MITA CORPORATION

Kyocera Mita manufactures and markets black & white and color
digital copiers, network-ready multifunctional devices and laser
printers as well as a range of wide-format imaging products. It also
offers a portfolio of software and network solutions.

Kyocera’s ECOSYS Technology provides customers with print
solutions that incorporate long-life components, which reduce the need
to replace the drum and other image forming parts. This technology
delivers a number of benefits: improved reliability, reduced
environmental impact and the lowest TCO in the printer industry.
Combining these hardware strengths with the latest digital and network
technologies, Kyocera Mita assists businesses of all sizes to maximize
value and improve their document management processes.

Kyocera Mita is a wholly owned subsidiary of the Kyocera
Corporation. The Kyocera Group dedicates its resources to the
development of its businesses across three broad sectors: Information
and Communications, Environmental Preservation and Quality of Life.
Kyocera Mita, as a document solutions provider, is a core company in
the Information and Communications sector. Also, its development of
long-life component technology means it is an important part of
Kyocera’s Environmental Preservation sector.

ABOUT PEERLESS SYSTEMS CORPORATION

Founded in 1982, Peerless Systems Corporation is a provider of
imaging and networking technologies and components to the digital
document markets, which include manufacturers of color, monochrome and
multifunction office products and digital appliances. In order to
process digital text and graphics, digital document products rely on a
core set of imaging software and supporting electronics, collectively
known as an imaging controller. Peerless’ broad line of scalable
software and silicon offerings enables its customers to shorten their
time-to-market and reduce costs by offering unique solutions for
multiple products. Peerless’ customer base includes companies such as
Canon, IBM, Konica Minolta, Kyocera Mita, Lenovo, OkiData, Ricoh,
RISO, Seiko Epson and Xerox. Peerless also maintains strategic
partnerships with Adobe and Novell. For more information, visit
Peerless’ web site at www.peerless.com.

Safe Harbor Statement Under The U.S. Private Securities Litigation
Reform Act Of 1995

Statements made by us in this press release that are not
historical facts constitute “forward-looking statements” within the
meaning of Section 27A of the Securities Act of 1933 and Section 21E
of the Securities Exchange Act of 1934. These forward-looking
statements are necessarily estimates reflecting the best judgment of
our senior management based on our current estimates, expectations,
forecasts and projections and include comments that express our
current opinions about trends and factors that may impact future
operating results. Statements that use words such as we “believe,”
“anticipate,” “estimate,” “intend,” “could,” “plan,” “expect,”
“project,” “predict,” “forecast,” “outlook,” “potential,” “continue,”
“may,” “future,” “can,” “enhance,” and “should,” or the negative of
these, as well as similar expressions, can be used to identify
forward-looking statements. These statements are not guarantees of
future performance, rely on a number of assumptions concerning future
events, many of which are outside of our control, and involve known
and unknown risks and uncertainties that could cause our actual
results, performance or achievements, or industry results, to differ
materially from any future results, performance or achievements,
expressed or implied by such forward-looking statements. Such risks
and uncertainties include, among other things, changing competitive
and market conditions, our reliance on certain OEM customers for
significant portions of our revenues, the sufficiency of our capital
resources, any adverse change in our relationship with Adobe Systems
Incorporated and/or Novell, Inc, increased competition both from
in-house OEM products and low cost offshore competitors, the impact of
Microsoft’s Vista(TM) operating system, reduced demand for our
existing monochrome technologies or other products, the rapid changes
taking place in the emerging color print devices markets, our ability
to realize contract backlog, our ability to identify new customers or
place our technology in a broader base of products, our ability to
leverage core competencies and find product segments that blend well
with our core business, our ability to successfully enter new software
application sectors, our ability to maintain our profit objectives and
create compelling margins, the tenure of the competitive advantage of
our old and new technologies, our reliance on block licensing, our
ability to develop and market our advanced devices and software, the
validity and protection of our intellectual property rights, risks
associated with international business activities, our reliance on key
personnel and our board of directors and our ability to execute our
business plan and strategic partnering transactions.

The above risks, and others, are described in further detail in
our reports filed with the Securities and Exchange Commission,
including, but not limited to, those described under “Item 1A. Risk
Factors” in our most recent Annual Report on Form 10-K for the fiscal
year ended January 31, 2007, filed on April 13, 2007, and those
described under “Item 1A. Risk Factors” in the most recent Quarterly
Report on Form 10-Q for the quarter ended July 31, 2007, filed
September 10, 2007.

Current and prospective stockholders are urged not to place undue
reliance on forward-looking statements, which speak only as of the
date hereof. We are under no obligation, and expressly disclaim any
obligation, to update or alter any forward-looking statements, whether
as a result of new information, future events or otherwise. All
forward-looking statements contained herein are qualified in their
entirety by the foregoing cautionary statements.

Contact:

Kyocera Mita Corporation
T.Kawasaki, +81-6-6764-3515
c-com@kyoceramita.co.jp

The Linux kernel is clearly a piece of software that is not built to integrally operate with a particular device. To be more precise, it is not implemented to achieve a particular physical process. Several months ago in court proceedings, a Microsoft lawyer explicitly said that a device needs to be involved in order for a patent to be valid. That was Microsoft arguing that software patents as we know them should be considered invalid. This happened in a US court of law. Shane and I recorded this dialogged and had this mentioned before.

The following new article from The Register talks about arguments involving the British patent system. Let it be repeated that software patents are not valid in the UK and here is a more precise explanation.

“The UK IPO’s position is that only when the patented item and its software are combined, when you are dealing with the whole package, are they offered protection,” he told us.

This leads back to discussions about the most recent patent deal which involves embedded Linux. One discussion went on to asking whether the LG, Samsung, Fuji Xerox, and Kyocera Mit deals actually mean anything to Linux. Matt Asay, who started his OSS/Linux-oriented career when he worked at Lineo (embedded Linux), rebuts and clarifies.

I doubt Microsoft has been any more forthcoming in private about its patent claims than it has in public. I used to work for a large Japanese company (Mitsui & Co.). I also used to work for an embedded Linux vendor. Between the two roles I discovered that Japanese electronics companies use a lot of Linux and they’re also very conservative.

Mix the two together, with a finger-pointing, brash American FUD-meister like Microsoft, and you get a patent deal. I don’t think there’s much more to it than that.

Regardless, Linux had a strong toehold in embedded Linux before Microsoft even thought of being relevant there. If nothing else, I’m guessing any claims around embedded Linux would be swatted down on prior art (whether that’s from Linux or VxWorks, pSOS, etc.).

As further evidence and information about this consider:

• $3 Windows a threat to Linux?
• The Be Very Afraid Tour and a Word About that Patent Study
• Microsoft needs to lay off the Linux FUD
• FSF Says GPLv3 Means Microsoft Patent Protection for All

That last item is very interesting in retrospect, due to FSF/Microsoft disagreement that soon followed.

In the following new video, Eben Moglen says more about the GPLv3, but he also talks about software, hardware, and patents.

I just got a note from Joe Latone of IBM Research that brought the happy news that the video of Eben Moglen’s talk Copyleft Capitalism, GPLv3 and the Future of Software Innovation, given at at IBM Research on October 29, 2007, is now available online

Embedded stream below, if you have Adobe Flash (link for gnash users is provided above).

From the interview:

The real value of open source from Microsoft is understanding how community developed software can happen on our platform and help grow our business as well as the open source community, which is how we started off on this whole path of launching things like Port25 and CodePlex, and which is why I submitted the licenses to the OSI.

Here is what Groklaw says: “See? I told you. They are trying to get the community to divide up into Red Hat and the GPL and Novell and others who will help them compete against Red Hat. Very nice. Not. Why would anyone help them?”

That is precisely what we have argued all along. Novell is dividing the community along with Microsoft. It is not Web sites such as this which lead to division. Microsoft had all of this planned and Novell took a lot of money to be part of Microsoft’s game. Even smaller companies, as we have seen a few days ago, are lending a hand to Microsoft’s claims that it owns part of Linux (intellectual property). Keep an eye on Google's Android because Microsoft has some plans.

The question, of course, is why Kyocera Mita would need a patent from Microsoft to enhance products built on embedded Linux. Is it adding proprietary Microsoft technology on top of embedded Linux?

Could be…

Or is this a case of Kyocera Mita accepting a claim by Microsoft that embedded Linux is among the 235 open source technologies Microsoft insists it owns.

Microsoft had a key idea. It’s the idea that if you fool, terrorise and even bribe enough companies, then market perceptions can be changed and rules be rewritten to benefit Microsoft. The least one can do is prevent Microsoft from rewriting the laws by shunning those who assist Microsoft.

This one looks similar to the Samsung and Fuji Xerox deals. It is about embedded devices.

Agreement will cover intellectual property contained in hardware and software products, including certain Linux-based technologies.

Which patents does Kyocera Mita allegedly infringe on? It’s safe to say that Kyocera Mita did not even ask and Microsoft would not say because, according to Microsoft, it requires too much paper.

Hey, Novell, didn’t you insist your stupid (and seminal) deal had nothing to do with patents? A lot of this can be blamed on you setting a precedence, just as Bruce Perens and others have predicted from the very start.

background story