Comments on: Novell, Red Hat, and Software Patents: Strike II

By: JohnD

JohnD — Mon, 23 Mar 2009 12:43:30 +0000

I would think that the owner has the ability to change the public’s rights to the patent at anytime – a perk of ownership. Kind of like owning a car. I could restrict it’s use for certain tasks and leave the rest up to the end users, but at the end of the day my name is on the title so I have the final say.
It is my hope that Novell will donate what patents it can to OIN especially since I doubt the patent system will be fixed anytime soon. I think the only near term fix will be for the public to decide what kind of software is best for them. Hopefully the migration away from Windows will continue.

By: Jose_X

Jose_X — Sun, 22 Mar 2009 21:47:49 +0000

I’m assuming a patent could be encumbered for all time by its owner, right (like giving the public certain rights)? An example might be that patent X can be used only for Y purpose and all other rights are given up (to the public). I understand why people would hesitate to make that decision today without knowledge of future threats or risking wording the encumbrance incorrectly. It might make more sense to donate it to a not-for-profit group that would have to work within predefined but more flexible boundaries.

By: Roy Schestowitz

Roy Schestowitz — Sun, 22 Mar 2009 16:56:35 +0000

It would not be of much use. Besides, not only Microsoft is a potential acquirer.

By: JohnD

JohnD — Sun, 22 Mar 2009 16:35:48 +0000

I see your point, but how realistic are either of those situations?
M$ has already been nailed as a monopoly, I doubt antitrust regulators would allow them to buy a major firm like Novell especially given it’s presence in the server rooms and on desktops. One of the popular theories is that M$ is propping up Novell in an effort to avoid antitrust issues – buying the company would defeat that purpose.
People are already questioning if IBM/SUN could past antitrust muster and that’s just on the server hardware/Unix end of things.
One would hope that any donations to OIN are permanent so if Novell does donate it’s a done deal.
I still think one of the best moves Novell could make is to just buyout SCO then they could donate Unix IP to FOSS and begin a merge of Unix and Linux. You’d be looking at more serious market share if that happens.

By: Roy Schestowitz

Roy Schestowitz — Sun, 22 Mar 2009 16:14:49 +0000

If IBM or Microsoft bought Novell along with its patents, then what good would Novell’s promises and obligations be? UNIX counts too.

By: JohnD

JohnD — Sun, 22 Mar 2009 15:01:27 +0000

Acquiring a patent isn’t the same as using against someone. I’m guessing Novell has dozens if not hundreds of patents – how many times have they sued FOSS for patent infringement.
If Novell has the patent, it means M$ doesn’t – which is good in my opinion. Hopefully the goal of the acquisitions is donation to OIN.
Only time will tell.