Techrights » Novell http://techrights.org Free Software Sentry – watching and reporting maneuvers of those threatened by software freedom Sat, 07 Jan 2017 22:03:37 +0000 en-US hourly 1 http://wordpress.org/?v=3.9.14 Techrights (Almost) at 10: From Software Patents to Novell and to Present Focus on EPO http://techrights.org/2016/06/27/10-years-and-epo/ http://techrights.org/2016/06/27/10-years-and-epo/#comments Mon, 27 Jun 2016 14:10:04 +0000 http://techrights.org/?p=93860 A weak and/or incompetent EPO would harm everyone in the world

10 dollars

Summary: A short story about how and why we ended up writing so much about the European Patent Office (EPO) and the impact beyond Europe

THE EPO has become a subject of considerable debate and focus here. It started around 2014 after we had primarily focused on the US patent system, the USPTO.

For those who have not been reading the site since its inception, here is a short introduction.

I had been a GNU/Linux advocate well before this site existed and an opponent of software patents (not patents as a whole) for a little longer than that. People who have themselves developed software don’t find it difficult to understand why copyrights, not patents, are suitable protection for one’s work (protection from plagiarism, misuse, misattribution, and so on).

The earliest goal of the site, back almost 10 years ago, was to end the software patents assault by Microsoft against GNU/Linux and Free software in general — an assault which began if not publicly culminated with the Microsoft/Novell patent deal. Novell took several years to decline after this deal and ultimately, unsurprisingly, Microsoft grabbed Novell’s own software patents, in a joint takeover along with Apple, Oracle, etc. These companies do not want Linux and Android to succeed, not without them being heavily taxed by the proprietary software oligopoly (Microsoft, Apple and Oracle still have ongoing patent/copyright fights against Android).

Apple’s attack on Linux (through Android) officially began in 2010, whereupon we wrote a great deal about Apple and shortly afterwards Oracle joined this war. It had already shown some hostility towards Red Hat, just shortly before the Microsoft/Novell deal in 2006.

For those who are not yet seeing a pattern, let it be spelled out clearly; the rise of Free software and GNU/Linux gave power to new actors such as Google, which made proper use of Free software in order to build back- and front-end stacks (databases, operating systems, AI, Web servers and so on). This meant that gadgets-selling giants, database giants, operating systems giants/monopolies etc. that were and still are proprietary (e.g. iOS, Mac OS X, Oracle, Windows) needed to either crash/crush emergent forces or tax them, using either patents or copyrights (this goes back to 2003 with the Microsoft-backed SCO assault on Linux).

Right now, in 2016, the aforementioned issues are unresolved. Microsoft is still attacking Linux (but more cleverly, with shrewdly-worded announcements that brand/frame patent settlements as bundling deals), Apple still has several patent cases against Android OEMs, and Oracle refuses to give up even after 6 years in the courtroom (against Android through Google). The cause of utmost importance here deals not only with software patents anymore but also with some design patents (Apple v Samsung) and copyright on APIs (Oracle v Google).

About 8 years ago we expressed concerns about software patents in Europe due to FRAND lobbying (from companies like Microsoft) and Brimelow’s loophole “as such”. We thereafter didn’t keep a close eye on the EPO for quite some time. Not much seemed to happen, but new kinds of abuses started to emerge and these seemed to be related to the resurrection of the “EU patent” or “community patent”, this time under a new kind of name and marketing (equating maximalism with union, unity, universality etc.) accompanied by/with repression of staff and suppression of critics. Even the staff union of the EPO, which had existed for several decades, came under unprecedented (even outside the EPO) attacks.

The reason we now focus a great deal on the EPO is that we have reasonably good understanding of the matters involved. We also have many articles on the subject, which helps us create a cohesive story with a lot of cross-referencing. Our goal now is to help other people (EPO insiders as well as politicians who are outsiders) gain an equally good understanding of why the EPO’s management must be chopped laterally and replaced en masse. It is the only way to save the EPO right now. Delegates that make up the Administrative Council probably have a good grip on the current situation, but they are afraid (or tied up by Battistelli’s hand on the budget), so they are not likely to do anything. The EPO needs somewhat of a revolution and strikes/demonstrations are steps towards that.

In the coming days we shall have a lot to write about the EPO and we will devote plenty of time and resources to ensure this historic period in the EPO is properly documented. We welcome feedback from readers and we hope that new material will continue to flow in. Now that everyone in the UK (and increasingly beyond) talks about “Brexit” it looks like Battistelli will definitely fail to deliver on his promises. He will be remembered not as a pioneer manager who compromised the rule of law for some ‘necessary’ reform but as a ruthless tyrant that shattered the EPO’s reputation for many years if not decades to come.

The EPO will outlive Battistelli and it is everyone’s job, especially at the EPO, to fight for patent quality (i.e. defy Battistelli’s ‘productivity’ obsession or lunacy). Remember that patent offices live or die (or make or break if not perish) based on the value or perceived value of their granted patents, i.e. examination that increases certainty in a court of law. Being an ENA graduate, Battistelli perhaps hopes that his predecessor will be left to deal with the aftermath of his atrocious policies (brain drain, low patent quality, reputation problems). Then the blame might be misplaced. A retired Battistelli would have little or nothing to worry about, but what about patent examiners who are far from retirement? How about retired examiners whose pension will be at risk? Given some upcoming Battistelli ‘reforms’, many people’s pensions are already at risk. This is just bad for Europe’s competitiveness across many sectors (medicine, chemistry, physics, telecommunication and many more). As patents get granted and assigned not just to European applicants (only the employees of the EPO are European), this may also means innovation will happen in the courts (lawyers’ strategies with patent trolls) rather than in the laboratories. Patent monopolies that are granted for the sake of being granted (artificially elevating some measure of EPO ‘output’) rather than to promote innovation can retard human progress as a whole.

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[ES] Más Rumores y Llamadas Acerca de Prospectos de Microsoft Vaya a Comprar Canonical (Ubuntu con todo y Zapatos) http://techrights.org/2016/04/27/prospectos-que-microsoft-compre-canonical/ http://techrights.org/2016/04/27/prospectos-que-microsoft-compre-canonical/#comments Thu, 28 Apr 2016 00:42:32 +0000 http://techrights.org/?p=92130 English/Original

Article as ODF

Publicado en GNU/Linux, Microsoft, Novell, Rumour, Ubuntu at 6:48 am por el Dr. Roy Schestowitz

Microsoft está coercionando a la gente a pagarle por patentes, pero no menciónan cuales. Si un tipo entra a una tienda y dice: “No es un barrio seguro, porque no me pagas 20 dólares y me aseguraré de que nada te pase,” eso es ilegal. Es chantaje.”

Mark Shuttleworth

Summary: Teniendo en cuenta los últimos movimientos de Canonical, algunos expertos piensan que es posible que Shuttleworth elija el dinero a Microsoft sobre principios sino también inste para que esto ocurra
DESPUÉS de evitar a los medios de comunicación durante semanas o incluso meses (Googlebombing “Linux” en las noticias) y chantajeando compañías de Linux utilizando patentes de software (por paquetes, no sólo los pagos), mientras que cabildea por unas patentes de software más fuertes que crecen cada vez más preocupados en la fase del “abrazo” (como en EEE) continúa hacia la siguiente “extender”. Microsoft ya está pagando a Canonical (esperen que Shuttleworth no se atreve a decir nada negativo de Microsoft) y devore Ubuntu, al igual que lo hizo con Novell con Hyper-V (encerrándo a GNU/Linux en una cárcel de propiedad de Microsoft).

Microsoft ya está pagando a Canonical (esperen que Shuttleworth no se atreve a decir nada negativo de Microsoft) y devore Ubuntu, al igual que lo hizo con Novell con Hyper-V (encerrándo a GNU/Linux en una cárcel de propiedad de Microsoft).”

A partir de esta semana, sacando a luz la gran mentira (“Microsoft ama Linux”), Janakiram MSV desde el 1% ‘media/boquilla (waripolera de Bill Gates) dice que “la estrategia de código abierto de Microsoft esta incompleta sin esta adquisición” (alude a Canónical).
“Para hacer el caso más fuerte, aquí están algunas de las razones por las que Microsoft debería considerar la adquisición de Canonical”, escribió. Como Susan Linton puso esta mañana: “Cuando la Microsoft y Canonical nueva relación amistosa todavía está en la mente de muchos, Janakiram MSV aseguró que” hoy la estrategia de código abierto de Microsoft es incompleta “sin ellos. Dijo Microsoft está tratando de cambiar su imagen lejos de ser sólo para Windows, sólo tiene sentido comprar Canonical. Ubuntu tiene millones de usuarios y “. Un ejército de desarrolladores y administradores de sistemas” Aparte de la gente, Canonical viene con LXD, Snappy Ubuntu Core y Juju – todas las cosas que podrían hacer más competitivo Microsoft en el Cloud y IT. Para Janakiram, no hay inconvenientes para Microsoft.”

No es impensable que Microsoft por lo menos atente comprar a Canonical.”
Hace dos años hemos escuchado posts como “¿Por qué Microsoft debería comprar Canónical?” y el año pasado hubo rumores en ese sentido.
No es impensable que Microsoft podría al menos tratar de comprar Canonical. Ya intentó la contratar (caza furtiva) administrador de la comunidad de Canonical de Ubuntu (este, con coraje que saludamos se negó). Pero ¿el señor Shuttleworth vendería más de lo que ya lo ha hecho? Shuttleworth dejó algunos comentarios aquí en los días después de haber comprado licencias de códecs (por las patentes de software) de Microsoft. Eso fue hace 8 años.
Eso es extorsión y deberíamos llamarlo como lo es. Decir, como Ballmer dijo, que hay un no publico balance de liabilidad, eso simplemente es extorsión y deberíamos rechazar dejar arrastrárnos a ese juego.”

Mark Shuttleworth

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More Rumours and Calls Surrounding Prospects of Microsoft Buying Canonical (Ubuntu and More) http://techrights.org/2016/04/26/prospects-of-microsoft-buying-canonical/ http://techrights.org/2016/04/26/prospects-of-microsoft-buying-canonical/#comments Tue, 26 Apr 2016 11:48:32 +0000 http://techrights.org/?p=92112 “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: Taking some of Canonical’s recent moves into account, some pundits not only think it’s possible for Shuttleworth to choose Microsoft money over principles but also urge for this to happen

AFTER gaming the media for weeks if not months (googlebombing “Linux” in the news) and blackmailing Linux companies using software patents (for bundling, not just payments) while lobbying for a stronger software patents impact we grow increasingly concerned that the “embrace” phase (as in E.E.E.) is moving forward to “extend”. Microsoft is already paying Canonical (expect Shuttleworth to dare not say anything negative about Microsoft) and devouring Ubuntu, just like Novell with Hyper-V (enclosing GNU/Linux in a proprietary jail of Microsoft).

“Microsoft is already paying Canonical (expect Shuttleworth to dare not say anything negative about Microsoft) and devouring Ubuntu, just like Novell with Hyper-V (enclosing GNU/Linux in a proprietary jail of Microsoft).”Starting this week, sporting the big lie (“Microsoft loves Linux”), Janakiram MSV from the 1%’s media/mouthpiece (Bill Gates’ cheerleader) says that “Microsoft’s Open Source Strategy Is Incomplete Without This Acquisition” (he alludes to Canonical).

“To make the case stronger, here are a few reasons why Microsoft should consider acquiring Canonical,” he wrote. As Susan Linton put it this morning: “With Microsoft and Canonical’s new chummy relationship still on the minds of many, Janakiram MSV today said “Microsoft’s Open Source strategy is incompletely” without them. He said with Microsoft trying to change their image away from being Windows-only, it only makes sense to buy Canonical. Ubuntu has millions of users and “an army of developers and system administrators.” Besides people, Canonical comes with LXD, Snappy Ubuntu Core, and Juju – all things that could make Microsoft more competitive in the cloud and IoT. To Janakiram, there are no downsides for Microsoft.”

“It’s not unthinkable that Microsoft would at least attempt to buy Canonical.”Two years ago we heard of posts like “Why Microsoft should buy Canonical” and last year there were rumours to that effect.

It’s not unthinkable that Microsoft would at least attempt to buy Canonical. It already tried hiring (poaching) Canonical’s community manager for Ubuntu (he declined). But would Mr. Shuttleworth sell out more than he already does? Mr. Shuttleworth left some comments here back in the days after he had bought codec licences (for software patents) from Microsoft. That was 8 years ago.

“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

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The Simple Truth About What Xamarin Was All Along to Microsoft, Just Like Ximian and Novell (Post-Patent Deal) http://techrights.org/2016/02/28/xamarin-ximian-and-novell/ http://techrights.org/2016/02/28/xamarin-ximian-and-novell/#comments Mon, 29 Feb 2016 00:38:28 +0000 http://techrights.org/?p=89822 “Now [Novell is] little better than a branch of Microsoft”

LinuxToday Managing Editor

Big caterpillar

Summary: A longer and more detailed analysis of Microsoft’s official takeover of the Mono team (and by extension a so-called ‘company’, whose finances are secret but are linkable back to Microsoft through Ignition Partners)

THERE is a sense of relief now that Microsoft has ‘collected’ its moles; they’re back home (or at the ‘base’) where they belong. Our latest post on this matter (we covered it shortly after this became publicly known, hence composed in somewhat of a rush) is quite a few days old. That post, which focused on Xamarin‘s role and duties for Microsoft, was a little tongue-in-cheek, and it probably lacked context which those who are unfamiliar with these matters may truly need.

“After Novell had purchased Ximian this move was characterised by a Novell executive as a “red carpet” (to a Microsoft deal).”Techrights has spent nearly a decade writing about Novell, which was the previous incubator or ‘host’ (in a sort of embryonic sense) of Mono (see this Wiki page for a detailed chronology). After Novell had purchased Ximian this move was characterised by a Novell executive as a “red carpet” (to a Microsoft deal). See this complete transcript from 10 years ago. A lot of people don’t remember this; nor do they remember the significant role which Miguel de Icaza personally played in Microsoft and Novell coming to their patent deal — a subject which we wrote about many times before (de Icaza’s role was noted by Novell dissenters almost a decade ago).

Michael Meeks (formerly of Novell) wrote the other day: “Pleased to see Miguel & Nat exit to Microsoft” (direct quote).

“It’s like both of them were engaged to Microsoft for a decade but only officially celebrated in a wedding ceremony (and tied the knot as the saying goes) last week.”Nat had worked for Microsoft before he worked for Novell and Miguel too had visited Microsoft and loved them. For Meeks, as their former colleague (at Novell), it’s easy to sympathise, but did they ever “exit”? They were always there. They have only just made it official. It’s like both of them were engaged to Microsoft for a decade but only officially celebrated in a wedding ceremony (and tied the knot as the saying goes) last week.

The news about Microsoft buying Xamarin was mostly covered by the Microsoft side and Microsoft boosters, not FOSS or GNU/Linux sites. This in itself is rather telling and revealing. Oh, how things have changed! Here’s Microsoft’s Mouth and the Microsoft-friendly Tim Anderson covering this, the latter noting: “Remember the Nokia devices acquisition? That went well. Not”

“Microsoft now intends to use Xamarin to further its E.E.E. (embrace, extend, extinguish) agenda inside Android.”Nokia was another case of Microsoft moles, notably Elop. It was designed to tear apart Linux and Nokia.

Microsoft now intends to use Xamarin to further its E.E.E. (embrace, extend, extinguish) agenda inside Android. Why? Because other such efforts, including the Cyanogen plan, are evidently failing. There’s no headway. As Anderson put it in a separate article:

Microsoft has officially scrapped its Android to Windows 10 bridge, codenamed Astoria, but is forging ahead with its Objective C Windows compiler and tools for porting iOS applications.

The Android announcement was expected, as the project was apparently abandoned some months back, but the new post from Windows Developer Platform VP Kevin Gallo adds some background.

Right now Microsoft uses Miguel de Icaza to make developers defect to Windows. When Xamarin was its own company, backed by people from Microsoft, it didn’t quite work out. People — and developers in particular — just weren’t foolish enough. “De Icaza told me in the past that he’s rich,” Stephane Rodriguez told us 9 years ago, so we know that Microsoft pays such moles enough to make them do almost anything. Xamarin was an attempt to infiltrate the development world on behalf of Microsoft. Based on lack of press coverage, we very much doubt it was financially sustainable without all the VC money from Microsoft folks, who were understandably trying to keep it afloat.

“Right now Microsoft uses Miguel de Icaza to make developers defect to Windows.”Overlapping the announcement of the Xamarin takeover was this important news covered in articles such as “Microsoft confirms: Android-on-Windows Astoria tech is gone”, “Microsoft’s plan to port Android apps to Windows is dead”, “Microsoft Confirms Android-To-Windows Tool ‘Project Astoria’ Is Dead”, and “Microsoft is ditching Android app ports for Windows Phone”.

Miguel de Icaza was perhaps Microsoft’s Plan B, much like Elop inside Nokia. As one Microsoft apologist put it the other day (in his headline), “Microsoft: Use Xamarin to port Android apps to Windows” (sounds like the same thing as above, except the above just got axed).

“Miguel de Icaza was perhaps Microsoft’s Plan B, much like Elop inside Nokia.”Microsoft propagandists such as Simon Bisson sure are happy for Miguel de Icaza and other Microsoft saboteurs, whose goal wasn’t to help either GNU/Linux or Free software but to advance Microsoft’s interests and financial gain. “Embrace, extend, eat” is how this article from The Register summed it up (in its seminal report about the takeover). “Strangely patents were not mentioned,” iophk wrote to us, alluding to this analogous report from Wired. To quote: “Given the number of startups that have been purchased by larger companies primarily for their engineering talent, not their products—a strategy called “acquihiring”—developers may worry that Xamarin’s technology could go away after this acquisition. Microsoft insists this isn’t the case. “This is definitely not an acquihire,” says Scott Guthrie, the executive vice president of the Microsoft’s cloud and enterprise group. “There are more than 300 people on the Xamarin team. We very much view this acquisition as an opportunity to take what they’ve built and make it a core part of our strategy.””

It seems quote possible that Microsoft is just “acquihiring” in this case, as we noted in our first post about it. However, let’s not forget that VC money for Xamarin came from former Microsoft staff (Ignition Partners), so if anyone pockets the money here, then it’s them (that’s like Microsoft giving money back… to Microsoft people). Groomed by Microsoft for over a decade, Xamarin is probably the last incarnation of what was Ximian, then Novell, and later Xamarin. Now it’s called what it really is: Microsoft.

“We were right about Mono, Miguel de Icaza, and Xamarin, just as we were right about Novell and Nokia in the patent sense.”According to this report from the New YoRk Times, “Microsoft announced on Wednesday that it was buying Xamarin, a company that helps software developers write applications for mobile devices. The price was not disclosed, but is believed to be more than $300 million.”

As we often point out here, many of these figures are bogus. They’re more like accounting tricks that make both the buyer and the acquired entity look bigger than they really are; it surely fools an already-gullible media when sometimes all that happens is that shares move from place to place, i.e. no money exchanges hands at all.

“Microsoft came first; what’s why he was pushed away by FOSS people.”All in all, the whole thing proves we were right all along. We were right about Mono, Miguel de Icaza, and Xamarin, just as we were right about Novell and Nokia in the patent sense. Miguel de Icaza has, consistently over the years, served Microsoft’s agenda and now it’s payday again. He hardly ever truly worked for FOSS; Now he’s a Microsoft employee. Miguel de Icaza turned to Microsoft not because FOSS people pushed him away. Microsoft came first; what’s why he was pushed away by FOSS people. Bruce Byfield, a longtime Novell (and Mono) apologist, gets it all in reverse in his analysis which begins thusly:

Just before I settled down to write today, I read that Microsoft had acquired Xamarin, the company founded by Miguel de Icaza and Nat Friedman. To many, the news is the logical end to a story that has been unfolding for years now, and if the first cries of, “Traitors!” have not appeared on blogs and articles, then I expect they are only a matter of time.

Perhaps Byfield can finally admit that it was us who were right all along, not him. On de Icaza, one person told me the other day: “I remember him back in ‘the day’ on IRC. he was always considered a crazy compromizer.”

“In summary, Miguel gets money from Microsoft. Again.”He was always like that. He didn’t just magically turn out that way. In fact, a lot of this started when he tried to get hired by Microsoft, way back in the 1990s.

A decent article by Steven J. Vaughan-Nichols (SJVN) says: “In 2011, Attachmate laid off the Mono team. De Icaza then founded Xamarin with an eventual total of $82-million in venture capital to give it a home.”

“The future of APIs, patents and mobile-centric operating systems is at stake now.”Well, money from Microsoft veterans/retirees (for the most part). It was pretty much back then that Microsoft ‘bought’ de Icaza; it just left him as peripheral/external because it’s easier to use him as a proxy or mole that way.

In summary, Miguel gets money from Microsoft. Again. E.E.E. didn’t work out this time around, but Miguel had his safety net. Now his salaries will come directly from his longtime boss (at Novell too a lot of the money came from Microsoft).

This post is not a personal attack. But since many people out there are too timid to mention names and say things as they see them, someone probably has to. Anything else is self-censorship.

If any of the above is not accurate or not correct, please point out specifically what it is. We welcome an open debate on this. The future of APIs, patents and mobile-centric operating systems is at stake now.

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Microsoft-Taxed SUSE is No Longer Receiving Microsoft’s ‘Blessing’, Microsoft-SUSE Deal Not Renewed http://techrights.org/2016/01/01/suse-deal-end/ http://techrights.org/2016/01/01/suse-deal-end/#comments Sat, 02 Jan 2016 02:22:10 +0000 http://techrights.org/?p=87925 The patent ploy of Microsoft and Novell isn’t quite bearing fruit

Gates on SUSE

Summary: The Microsoft-led CPTN now has Novell’s software patents, so the Microsoft-Novell-SUSE deal has officially come to an end, and there’s no sign of it ever continuing, with or without patents

WHEN Microsoft signed a 5-year deal with SUSE we called for/asked our readers to boycott SUSE. This deal has just officially come to an end, as we noted yesterday. Now, to be frank, there is not much to be said about it as two articles by Sam Varghese explored this subject a couple of months ago [1, 2] and this deal does not appear to have much to do with patents, so we don’t need to worry too much.

“So much for relying on Microsoft as a ‘partner’…”
      –
The deal was signed in 2011. An article from around that time took note of CPTN, saying: “In fact, it is so much money that it’s fair to argue that Novell would have imploded without the Microsoft cash injections and sold for a lot less money than the $2.2bn that Attachmate paid to get control of it. (The net cost to Attachmate was less than half of that, however, thanks to the cash Novell had on hand and another $450m that a consortium led by Microsoft paid for 880 of Novell’s patents.)”

What’s interesting here is that SUSE is no longer so ‘special’ a child in Microsoft’s eyes. So much for relying on Microsoft as a ‘partner’…

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Microsoft’s Latest Patent Aggression Comes Under Fire From the EFF, Former GNU/Linux Company the Patent’s Target http://techrights.org/2015/12/31/patent-aggression-against-corel/ http://techrights.org/2015/12/31/patent-aggression-against-corel/#comments Thu, 31 Dec 2015 16:29:50 +0000 http://techrights.org/?p=87887 The ‘new’ Microsoft…

Satya Ballmer
Satya Ballmer: different face, same strategy/policy

Summary: Microsoft continues its vicious patent war on anything resembling competition (however small), even the competition against which Microsoft previously committed competition abuses/crimes (subject of court cases) in order to attain total monopoly

MICROSOFT, which is connected to many patent trolls (including Intellectual Ventures, the world’s biggest), is still busy suing companies. Microsoft has a long history of patent aggression, including patent litigation against Linux (not just threats thereof). As longtime readers of this site may know, this and only this was the raison d’être of this Web site.

“…since winning a case for infringement of design patents can lead to a damage analysis based on “lost profits,” which can theoretically lead to a patent owner getting all of a defendant’s profits.”
      –Joe Mullin
As we noted the other day, referring to the original from the EFF, Microsoft is now attacking a company that once dominated word processing. Microsoft allegedly engaged in competition crimes against this company, leading to decades of expensive litigation. This company also pioneered some important GNU/Linux efforts until Microsoft shut these down with a mysterious deal (which we wrote about on several occasions around 2007). Well, Microsoft is now trying to drive this company into bankruptcy, using patents.

What’s the name of this company? Corel. We have a whole category about Corel (with 51 articles, as well as leaked court documents). History is important here and it’s imperative that people properly study Corel to truly grasp how severe this situation really is.

Microsoft is now attacking Corel with what the EFF calls “Stupid Patent of the Month”. As noted by one good journalist (Joe Mullin), “it’s serious ammo, since winning a case for infringement of design patents can lead to a damage analysis based on “lost profits,” which can theoretically lead to a patent owner getting all of a defendant’s profits.”

“Remember the company called Novell? Yes, that company that pretty much vanished half a decade ago and whose patent/special deal with Microsoft (SUSE) will expire tomorrow (there are no signs of renewal or continuation).”In other words, expect layoffs, liquidation, bankruptcy, etc. Legal fees aren’t low, either. Remember the company called Novell? Yes, that company that pretty much vanished half a decade ago and whose patent/special deal with Microsoft (SUSE) will expire tomorrow (there are no signs of renewal or continuation). Other than the name being similar, Novell and Corel have a lot in common because both competed against Microsoft until signing some infamous deals with Microsoft, leading to their demise, as well as the demise of their ongoing court cases against Microsoft (for competition abuses/crimes). When Novell imploded Microsoft grabbed its patents. Sweet deal for Microsoft. Novell is virtually gone (devoured by another company) and its patents are in CPTN, which is a ‘conglomerate’ pool of Linux and Android foes such as Oracle and Apple.

“Microsoft is now using patents primarily against Android, which the company is at war against (don’t believe the pretenses and the “loves Linux” baloney).”We quite liked how Glyn Moody framed the situation in his article “If Microsoft Wins Its ‘Stupid Patent Of The Month’ Lawsuit, Expect A Plague Of Trolls To Move Into Design Patents”.

As if Microsoft itself is not somewhat of a massive troll itself (we wrote a lot about this before). Just look what the company has been doing with patents this past decade. “The recent Techdirt article about Microsoft’s design patent on a slider,” Moody wrote, “understandably focused on the absurdity of companies being forced to hand over all of the profits that derive from a product if it is found to have infringed on someone else’s design patent even in just a tiny portion of that product. But there’s another angle worth mentioning here that picks up on something Techdirt has written about several times before: the rise and threat of patent thickets. Back in 2012, it was estimated that 250,000 active patents impacted smartphones. That makes it impossible to build devices without licensing large numbers of patents, and even then, it’s likely that claims of infringement will still be brought.”

Microsoft is now using patents primarily against Android, which the company is at war against (don’t believe the pretenses and the "loves Linux" baloney).

“The EPO’s lawyers who currently deal with my case were also recently seen working from the same side as Microsoft on the patent front, based on Reuters.”Here is another new article about Microsoft’s “Stupid Patent of the Month”. “The design patent,” says Softpedia, “numbered D554,140, basically states that Microsoft is the owner of the slider you can see in the photo attached to the article. This is the very same slider that the company uses in its Office productivity suite to allow users to zoom in or out of documents, but it has also been implemented in a wide variety of Microsoft and non-Microsoft products.”

But when patent examiners are pressured to issue patents in bulk and/or do a rushed job (as in the EPO for example, with Microsoft being on the high-priority list), no wonder such nonsense gets granted, leaving European courts to sort out the mess at a huge expense to the defendants. It is worth noting again that only articles of mine which mentioned Microsoft were even the target of threatening legal letters from the EPO’s lawyers, which gives room for speculation. The EPO’s lawyers who currently deal with my case were also recently seen working from the same side as Microsoft on the patent front, based on Reuters.

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Xamarin is Still All About Microsoft, Still Excluding GNU/Linux http://techrights.org/2015/11/18/xamarin-for-dot-net-xaml/ http://techrights.org/2015/11/18/xamarin-for-dot-net-xaml/#comments Wed, 18 Nov 2015 14:35:07 +0000 http://techrights.org/?p=86296 Miguel de Icaza
via Wikipedia but with the GIMP treatment

Summary: The de facto Microsoft satellite known as Xamarin reveals that it is still little more than a Microsoft mobile division

LAST MONTH we wrote about Xamarin‘s absorption of a FOSS Android tool, which quickly turned proprietary (almost instantaneously while takeover negotiations took place). Xamarin Studio, like a lot of Xamarin’s proprietary software, does nor even run on GNU/Linux. There is hardly any pretence anymore that Miguel de Icaza and his Microsoft-connected ilk even care about FOSS. These traitors show their true colours and disdain for anything FOSS.

“There is hardly any pretence anymore that Miguel de Icaza and his Microsoft-connected ilk even care about FOSS.”According to Microsoft's booster at El Reg (Anderson), the latest release from Xamarin still has no Java, just Microsoft lock-in like .NET, XAML, etc. To quote his piece:

Xamarin releases version 4.0 of its cross-platform mobile developer suite

[...]

The company has grown rapidly, since it solves a problem for Microsoft-platform developers who now need to target mobile, especially following the failure of Windows Phone to achieve significant market share. “We have over 10,000 customers, 350 consulting partners and 2,000 integration partners,” Friedman told the Reg.

When will everyone recognise that the real motivation at Xamarin is serving as some kind of Microsoft satellite or proxy? Nothing good has come of Xamarin since Novell dumped (laid off all the employees of) Mono and a firm/VC connected to Microsoft became its sugar daddy.

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Red Hat-Microsoft Deal Increasingly Resembles Novell-Microsoft Deal (Including Patent Aspects) http://techrights.org/2015/11/16/microsoft-and-redhat-deal/ http://techrights.org/2015/11/16/microsoft-and-redhat-deal/#comments Mon, 16 Nov 2015 22:18:02 +0000 http://techrights.org/?p=86255 Systemd to be used for technical and support leverage in the same way Mono was?

Embrace and Extend
Credit: unknown (Twitter)

Summary: Red Hat’s current management, which technically liaises (more deeply over time) with Microsoft, agrees on patents, works with the NSA, and increasingly deviates from the UNIX way (while becoming more secretive, except the openwashing), inevitably reminds us of Novell

Microsoft and the board- or shareholders-driven Red Hat now seem more and more like Microsoft and Novell, based on some of the latest reports and even press releases like this one [PDF].

“The Microsoft/Red Hat partnership calls for a Red Hat engineering team to actually move to Redmond,” to quote a new report. [1]

“And don’t forget the patent agreement that they still refuse to tell us more about.”Mirroring the Microsoft-Novell ‘special relationship’, there is a lot of technical integration too. The men in suit “said that in the coming months Red Hat Enterprise Linux images will be enabled for on-demand billing directly in its marketplace.” Billing by who? Microsoft? Red Hat? It’s complicated. And don’t forget the patent agreement that they still refuse to tell us more about [1, 2, 3, 4, 5, 6, 7, 8, 9, 10].

Jono Bacon, from GitHub and Red Hat’s “Open Organization” [sic] marketing campaign, defends the companies’ new relationship (as he would defend his former employer, Canonical, as well). Citing a sort of Microsoft proxy and a new Red Hat partner (Black Duck), he frames this relationship as necessary and recalls that “Microsoft went a step further with then-CEO Steve Ballmer describing the poster-child of the open source revolution, Linux, as “a cancer that attaches itself in an intellectual property sense to everything it touches.”

“Red Hat is living in a dream if it genuinely believes that a deal with Microsoft will leave them better off than Linspire or Novell.”Well, based on Nadella’s actions against Samsung, Kyocera, and Dell (there are more examples), he too views Linux as “a cancer that attaches itself in an intellectual property sense to everything it touches.” Nadella insists on still using patents against Linux, and against Android in particular (using patents pertaining to the kernel, Linux).

Under Nadella’s management, Microsoft is even trying to delete Android from phones (we first took note of this at the beginning of this year and later on) or even absorb its software into Windows — a strategy which Microsoft reportedly did in fact consider [2]. It’s like a derivative of the famous “embrace, extend, extinguish” strategy. Under Nadella there was also further lockdown of UEFI, impeding or making impossible installation of GNU/Linux on PCs that come with Microsoft’s unpopular spyware.

Red Hat is living in a dream if it genuinely believes that a deal with Microsoft will leave them better off than Linspire or Novell. Or maybe it can leave Red Hat just better off than everyone else in the GNU/Linux world. Red Hat’s patent agreement with Microsoft, concurrent with Microsoft attacking Android (with software patents), is truly problematic and we will escalate if Red Hat does not respond to us or becomes transparent by the end of this month. A lot of people want answers. The “Open Organization” [sic] ignores these people. It’s inherently antithetical to players in a community of developers.

Related/contextual items from the news:

  1. For Red Hat and Microsoft Together, the Cloud Beckons

    The Microsoft/Red Hat partnership calls for a Red Hat engineering team to actually move to Redmond to provide joint technical support for Red Hat Enterprise Linux workloads running in the Microsoft Azure public cloud and on its hybrid cloud offerings. That ensures that the companies will have closely tied cloud computing goals.

  2. Microsoft shelves ‘suicidal’ Android-on-Windows plan

    Microsoft has sidelined its plan to allow Windows 10 devices to run Android apps before it could do any serious damage, according to a report.

    Daniel Rubino at the Windows Central blog gathered some convincing evidence that Microsoft’s Project Astoria has been wound down, while the runtime allowing the Android-on-Win10 magic to work has disappeared.

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Techrights Turns 9 http://techrights.org/2015/11/12/novell-deal-turns-9-now-red-hat/ http://techrights.org/2015/11/12/novell-deal-turns-9-now-red-hat/#comments Thu, 12 Nov 2015 13:14:31 +0000 http://techrights.org/?p=86169 A birthday cake

Summary: It has been 9 years since the Novell-Microsoft deal and right now we are trying to find out just what exactly Red Hat did with Microsoft regarding patents

TECHRIGHTS has recently been focused on EPO affairs. We were always focused on patents here. That’s why we don’t write much about matters such as systemd.

As Shane Coyle put it at the very start: “The way to communicate with a corporation is economically” because Novell, when it signed a patent agreement with Microsoft, chose to “violate the very license that allows them to distribute the community’s work in the first place” (using software patents).

“We are still waiting for Red Hat staff whom we spoke to (no names needed here) to press the management of Red Hat to disclose what was agreed on, regarding patents, in the Microsoft-Red Hat deal.”Unfortunately, just 9 years later (almost exactly 9 years) Red Hat chose to betray the community in a similar way [1, 2, 3, 4, 5, 6], but what Red Hat did is very different because no patent payments were involved, just a form of legitimisation of Microsoft’s patents. We are still waiting for Red Hat staff whom we spoke to (no names needed here) to press the management of Red Hat to disclose what was agreed on, regarding patents, in the Microsoft-Red Hat deal. We will continue to pressure for this kind of transparency from the self-acclaimed “Open Organization” [sic]. We need real answers, not in the form of some vague FAQ which does nothing to suggest entities other than Red Hat and its paid customers are ‘safe’ from Microsoft patent litigation. Remember that .NET too remains a patent trap [1, 2] and it’s part of the Microsoft-Red Hat deal.

“There is a substantive effort in open source to bring such an implementation of .Net to market, known as Mono and being driven by Novell, and one of the attributes of the agreement we made with Novell is that the intellectual property associated with that is available to Novell customers.”

Bob Muglia, Microsoft President

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More Information Emerges About the Microsoft-Red Hat Patent Agreement http://techrights.org/2015/11/05/microsoft-red-hat-patent-agreement/ http://techrights.org/2015/11/05/microsoft-red-hat-patent-agreement/#comments Thu, 05 Nov 2015 12:06:30 +0000 http://techrights.org/?p=85987 Good for Red Hat, not so much for anybody else…

Red Hat and Microsoft

Summary: Informed (GNU/Linux-centric) journalists who looked beyond the misleading press releases and the distracting marketing campaign have managed to find out and highlight the patent issues associated with the Red Hat-Microsoft deal

AS WE noted in our previous coverage, Red Hat does not want anyone to speak about — let alone know — the patent aspects of its deal with Microsoft. Most articles, following a dry (on facts, not on marketing) press release, say nothing about it. Here is one puff piece that plays along with the “Microsoft Loves Linux” narrative, which is extremely misleading (lulling us into dangerous optimism). The author writes: “It’s a long way from the days when the former Microsoft CEO Steve Ballmer described Linux as a “cancer.” Last year his successor, Satya Nadella, proclaimed that “Microsoft Loves Linux” mainly because of its importance in the cloud.” No, Nadella is still attacking Linux and Android using patents. Consider the deals with Samsung, Kyocera, ASUS and Dell. Patent extortion in action!

“Microsoft Loves Linux” hype… is just not true… covertly spread open-source-related FUD…”
      –Simon Phipps
We quite liked Simon Phipps’ take on this (without IDG’s editorial shadow). He is the former head of the OSI, so this matters a lot. He wrote:

All the same, let’s be clear that all the “Microsoft Loves Linux” hype I saw at SUSECon in Amsterdam yesterday and at other events earlier this year is just not true. Microsoft Azure loves Linux, there is no doubt; it is a basic requirement for them to become relevant on a cloud market dominated by AWS and Linux. They have been out in force at every commercially-oriented open source I have attended this year and have a full-scale charm offensive in place.

But the rest of the company still does not. They still seem to covertly spread open-source-related FUD about LibreOffice here in Europe. They haven’t foresworn making embedded Linux vendors pay for patent licenses of dubious necessity. The Azure business unit is certainly embracing the ecosystem the same as many before them have done so in their steps towards open source. But the Windows and Office business units show no signs of “loving” Linux and only modest signs of co-existing with open source.

[...]

If they want to signal the end of hostilities, step one is to sign the Mozilla Open Software Patent License Agreement or join OIN. Until one of those happens, I remain sceptical of Microsoft’s love for Linux.

“Microsoft” and “Love” don’t belong in the same sentence. These sociopaths, as I only recently found out, tried to get me fired from my job. Microsoft hardly even behaves like a normal company. It’s more like an informant (of the NSA among others) and a cult, led by a fake ‘philanthropist’ egoistic thug.

Writing for IDG, Phipps softened his words somewhat and wrote: “Software patents have also been a sticking point. Red Hat made clear that it does not acknowledge the validity or enforceability of Microsoft’s patents, but all the same has demanded a stand-still agreement guaranteeing neither company will pursue patent claims against the other or its customers. There’s no indication whether this extends to partner ecosystems.

“As opposed to the Novell SUSE patent covenant, the Red Hat Microsoft partnership now provides for what Red Hat is referring to as a patent standstill in the FAQ.”
      –Sean Michael Kerner
“That is a key issue for the open source community. While its Azure business unit has been professing love for Linux and smothering everything in penguins, the rest of Microsoft has carried on attacking the Linux ecosystem with patent claims and showing little accommodation for open source in its cash cow Windows and Office endeavors. Azure may be desperate for validation in a tough an competitive market, but the rest of Microsoft still needs to change more than going silent on its antipathy for open source.”

Writing for another big publisher (but not IDG), Sean Michael Kerner shed some light on the patent situation:

The path to the Microsoft Red Hat partnership has followed a long and winding road over a decade of mistrust and competition. In 2007, Microsoft alleged that open-source software infringes on more than 200 of its patents. Previous Microsoft partnerships with Linux vendors, including SUSE (formerly part of Novell), involved a patent covenant to deal with intellectual property issues. At the time of the Novell deal, former Microsoft CEO Steve Ballmer was very clear on his views about Linux patents; he noted that Microsoft’s deal was only with Novell SUSE Linux, and others still have an issue with infringing on Microsoft’s intellectual property.

In an FAQ posted by Red Hat, the company states, “Red Hat and Microsoft have agreed to a limited patent arrangement in connection with the commercial partnership for the benefit of mutual customers.” As opposed to the Novell SUSE patent covenant, the Red Hat Microsoft partnership now provides for what Red Hat is referring to as a patent standstill in the FAQ.

In response to a question from eWEEK, Cormier strongly emphasized that Red Hat remains true to its core open-source principles and is not compromising on them in the Microsoft partnership.

“Red Hat and Microsoft did not acknowledge the validity or value of each other’s patents,” Cormier said. “This is a commercial deal spurred by strong customer demand for our solutions to work together.”

“In order for the deal to work, Scott [Guthrie] and I agreed early on that it would only work if neither of us compromised our core business principles, and we did not,” Cormier said.

Senior Red Hat employees who have spoken to me about this have done effectively nothing to refute what I wrote. One of them falsely claimed that I compared this to the Novell deal (I didn’t, it would make no sense).

Not many people have noticed the part about patents because Red Hat did a fine job hiding it. Phoronix just said that “Microsoft and Red Hat have jointly announced a partnership today to “deliver more flexibility and choice” in the cloud.”

That sounds a little bit like Novell and Microsoft trying to characterise their patent deal (colluding against GNU/Linux vendors other than Novell) as “collaboration”, “interoperability”, and so on. Tim Anderson, a Microsoft booster from The Register, did not mention anything about patents.

“Due to layoffs there are limited resources and Microsoft is now counting on patents as a strategy against GNU/Linux. “As other articles from The Register serve to remind us, Vista 10 has been a catastrophe (The Register, to its credit, wrote a great deal about this). Its latest article makes is apparent that OEMs too — not just useds [sic] — will be force-fed Vista 10 pretty soon. As it was put two days ago, “Satya Nadella’s firm has quietly let slip that October 31, 2016, will be the final day for PC makers to buy copies of the operating system for pre-install.”

Microsoft cannot maintain Windows like it did back in the days of Windows XP. Due to layoffs there are limited resources and Microsoft is now counting on patents as a strategy against GNU/Linux. It promotes people accordingly. Let’s not forget other assaults on GNU/Linux, such as UEFI restricted boot, which complicates and at times makes impossible installation of GNU/Linux on whiteboxes.

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Finjan, Cisco, JDate and Other Companies Acting Like Patent Trolls; New Threats to Linux http://techrights.org/2015/08/10/patent-threats-to-linux-android/ http://techrights.org/2015/08/10/patent-threats-to-linux-android/#comments Mon, 10 Aug 2015 12:12:30 +0000 http://techrights.org/?p=84463 Patents not on engineering (or physical products) anymore

Wheel in Manchester

Summary: News about patents from all across the Web, placing special emphasis on software patents and how these affect Free software projects, including Linux and Android

THIS week’s patents roundup revolves around practicing companies that act in a way which is almost indistinguishable from patent trolls. As we have said here for several years, the term “patent trolls” can be misleading because many large companies act in the same way but don’t get labeled “trolls”, mostly because of their size. It means that a fight against “patent trolls” often turns out to be a fight over scale, waged by large corporations against smaller ones. Check again who is behind the PATENT Act [1, 2, 3, 4, 5, 6, 7, 8].

Today’s post brings together several stories and themes/strands in order to keep readers abreast of the latest developments.

Open Invention Network

We have spent over 8 years writing about the Open Invention Network (better known as OIN) and why it cannot effectively protect Free software projects. We also exchanged many E-mails with the OIN and some trolls. We saw how toothless the OIN can be in many scenarios and we challenged the OIN over it. I spoke in length with their CEO a few times over the telephone and I still think that it helps legitimise software patents and rarely achieves very much, except promote the interests of large corporations (like those which founded it and still fund it).

Earlier this morning FOSS Force published this very long interview with Deb Nicholson, who had worked for the FSF before she moved to OIN. This interview is very good and Nicholson’s views on patents are fine. We shared them here before.

“My work at OIN involves a lot of research,” Nicholson says. “I read academic papers on litigation trends and try to stay on top of who’s getting sued this week. It also involves a lot of behind the scenes emailing. I have lots of informal conversations with people about how you run a free and open source software project. Sometimes, they don’t realize that lots of other companies are succeeding with FOSS business models and shared community resources. Once they see that it can be done, they often feel more confident.”

Nicholson then speaks about the role of SCOTUS in lowering the risk of software patents.

“The Supreme Court,” she explains, “has given the lower courts the tools to rule against two specific categories of vague and frivolous patents. This is great for companies that have the cash and the time to go to court. For companies that don’t want to fight in court — which is lots of them, because it really is expensive and time-consuming — the letters will keep coming. Plus, there are still plenty of overly broad or obvious patents on the books that may not be affected by the recent rulings. So, things are improving but I wouldn’t say that we’re finished.”

She makes an important point regarding the cost of litigation, but the matter of fact is, USPTO examiners are now tougher on software patents and fewer companies (or shell firms) are eager to assert software patents for fear of losing them. Not only the extorted party (usually developers) is scared of the courts; the plaintiff, e.g. a patent troll, is too. What SCOTUS has done is, in our humble assessment, the best news in nearly a decade. We cannot recall anything bigger or better in terms of magnitude, at least not when it comes to systematically squashing software patents (not one patent at the time as per the EFF’s much-advertised earlier efforts, dubbed “patent busting”).

Finjan

The Finjan-led patent extortion crusade was mentioned here just weeks ago (they are Microsoft-connected) and now, just weeks later, this firm’s troll entity (Finjan Holdings) gets extortion money from a really nasty company, Blue Coat, which some say the EPO hired to spy on people like yours truly and EPO staff. “Finjan Holdings,” as a trolls expert explains, is “a patent-licensing company operating in the cybersecurity space” and it has just “won a hefty $39.5 million jury verdict (PDF) on Tuesday, when a San Jose jury found that Blue Coat Systems infringed five of its patents.”

Keep an eye on Finjan, not just because of its Microsoft connections. Finjan has become a very malicious company. It deserves to go out of business. The sooner, the better.

Cisco

Cisco, now known for its surveillance and back doors (which is even openly discusses when applying for standards), is receiving negative publicly because as its profits run dry (or more meager), it increasingly turns into more of a troll, just like Microsoft and Apple. Is this what Cisco wants to be renowned (or notorious) for? Remember that TrollTracker, a fighter against patent trolls. was a Cisco lawyer, but Cisco is now turning into what it fought. Arista, according to this article, says that Cisco is “Very Much Like a Patent Troll” (that’s the headline) and it’s coming all the way from the top. To quote the article, “Arista’s top lawyer used the company’s earnings call for trash-talk Thursday, saying Cisco is “behaving very much like a patent troll” in its intellectual property lawsuit against Arista.

“Arista Networks Inc. CEO Jayshree Ullal kicked off the badmouthing: “Despite all the overheated rhetoric we’ve been hearing from Cisco blogs about Arista’s brazen copying, we think the only thing brazen about the suit is the extreme length Cisco has gone to,” she said. “Our customers have shown unwavering support.”

“Cisco has basically become another very malicious company, if not for colluding with espionage agencies, then for bulling/attacking rivals using patents.”“Arista Vice President and General Counsel Marc Taxay agreed. “Ironically … it appears to us at any rate that Cisco is behaving very much like a patent troll, which is pretty much what they’ve spent the last decade condemning.” Cisco is claiming patents for widely implemented features and functionality that exist on a broad range of switches today, and some of the patents affect features the patents were never intended to cover, Taxay said.”

The Wall Street Journal, taking note of “expensive legal battle with Cisco”, also expresses concerns about this case. “That may give some investors pause,” the author claims, “especially when Arista remains embroiled in an expensive legal battle with Cisco, which has accused it of infringing on patents.”

Cisco has basically become another very malicious company, if not for colluding with espionage agencies, then for bulling/attacking rivals using patents. Cisco used to be on the defensive, but now it’s on the ofsensive, and not against trolls. For a company that is eager to be seen as a FOSS and GNU/Linux supporter, this surely is a dumb strategy whose gains — if any — are massively outweighed by public image erosion.

JDate

A new article from Timothy B. Lee helps chastise the bully called JDate, which we wrote about very recently. “JDate,” he explains, “recently sued JSwipe, a mobile dating app for Jews that works like Tinder. Most media coverage has focused on mocking JDate for essentially claiming that it has a monopoly on certain uses of the letter J.

“But in some ways, the part of JDate’s lawsuit that really merits mockery is the patent infringement claims. JDate is suing JSwipe for infringing a broad patent that essentially claims the concept of using a computer to match pairs of users who express interest in each other. The lawsuit illustrates the continuing need for patent reform, because the current system makes it too expensive for defendants to challenge dubious patents.”

There are some interesting comments about JDate here. Although this Web site only targets a small niche, we strongly encourage all readers to boycott JDate, or else they’ll continue their shameful bullying, perhaps inspiring other companies to do the same.

The Economist Versus Patents

The Economist, interestingly and surprisingly enough (given its strong pro-business bias), chastises the patents regime in at least two articles this month. One is titled “A question of utility” and says in its summary: “Patents are protected by governments because they are held to promote innovation. But there is plenty of evidence that they do not” (we have covered such evidence for almost a decade).

“The ability to patent,” says the author, “has been extended from physical devices to software and stretches of DNA, not to mention—notably in America—to business processes and financial products.”

Yes, patent scope is a huge part of the problem.

“Time to fix patents” is the second such article from The Economist and it too is an assault on the status quo. “Ideas fuel the economy. Today’s patent systems are a rotten way of rewarding them,” said the summary.

Here is a key part of this article: “Patents are supposed to spread knowledge, by obliging holders to lay out their innovation for all to see; they often fail, because patent-lawyers are masters of obfuscation. Instead, the system has created a parasitic ecology of trolls and defensive patent-holders, who aim to block innovation, or at least to stand in its way unless they can grab a share of the spoils. An early study found that newcomers to the semiconductor business had to buy licences from incumbents for as much as $200m. Patents should spur bursts of innovation; instead, they are used to lock in incumbents’ advantages.”

It is nice to see even The Economist debunking these tiresome myths, many of which still perpetually spread by patent profiteers rather than producing companies. Are we on the cusp of a mindset change?

Patent Propaganda From Lawyers’ Sites

Lawyers’ media, seeking to maximise dependence on patent lawyers, promotes patents on construction in this series that starts with the following paragraph: “In the first of this three part series, clean tech, or green construction, was defined as construction that reduces or minimizes the environmental impact in building construction, operation and use. That article also discussed the importance of building intellectual property walls, and especially with patents, to protect inventions from being incorporated into projects by unlicensed users. Equally important is knowing the patents that may prevent a company from incorporating patented technology for which it has no license. Patent rights can shape an industry; consequently, companies must develop patent strategies. Patents for green construction encompass everything from building materials, to software for optimizing various processes, to green energy systems, amongst others.”

Yes, they even suggest software patents right there.

“The US may not have a world class patent system,” say the patent maximalists of IAM, “but its professionals are second to none” (for taxing by lawyers perhaps). Another site of patent lawyers who lobby for a lot of ludicrous types of patents (including software) pretends that patents take a short time to receive, despite that infamous backlog and these notorious issues which can only be tackled by lowing examination standards, hence granting bogus patents (trivial, and/or with prior art).

“Intellectual property & intangible assets” is the headline of this British article which is so full of nonsense that we don’t know where to start. To quote one part of it: “Newton says the real value in business these days is in knowledge, which is tied up in intellectual property, patents, trademarks and designs.”

That’s nonsense. The term “intellectual property” refers to patents, trademarks, and copyrights, so it cannot be separated as above. Then there are designs, which are already (in most domains) covered by copyrights and if the author wishes to speak about trade secrets, that’s different from all the above and still pertains to knowledge, without having to introduce that vague notion of “intellectual property” and “intangible assets” — both horrible propaganda terms that equate ideas with objects.

“Patent scope has been getting so much worse over time, to the point where abstract concepts like business methods, algorithms, and even basic designs become patents although copyright should definitely suffice.”The article titled “9 Tech Startups Disrupting the Legal Industry” talks about proprietary software that patent lawyers use to keep track of their work. “Experts say the market for legal technology is as much as $400 billion,” the article says, but there is nothing like a citation to support such a figure.

“We hear the same complaints over and over every time Congress tries to improve the patent system,” Matt Levy wrote the other day. “In fact, we’ve been hearing some of them for over 70 years.” Patent scope has been getting so much worse over time, to the point where abstract concepts like business methods, algorithms, and even basic designs become patents although copyright should definitely suffice.

Design Patents and Linux Gadgets

Speaking of design patents, watch what patent maximalists celebrated this weekend: “The text cluster provided here shows that much of Hasbro’s portfolio of 1,772 patents (339 of which are active) are related to toy vehicles, electronic games and ornamental designs, indicating a fair amount of design patents.”

The notion of “design patents” has got to be one of the most loathsome and ridiculous. The article “Apple v. Samsung and a Fight Over the Patents for Designs” was published by Forbes the other day, reminding us of so-called design patents (such as the widely-ridiculed 'rounded corners' patents). Apple is very desperate to stop Android (and by extension Linux), but doing so by bullying with outright bogus patents isn’t the way to compete. CPTN members (i.e. holders of Novell’s patents) Oracle, Apple and Microsoft have been systematically attacking Android using patents and Oracle now takes this further. “Oracle’s lawsuit against Google over Java copyrights probably won’t be back in a courtroom again until next year,” wrote The Register, “but in the meantime, Oracle has asked the court to let it expand the scope of its complaint to include events that have occurred since it was first filed in 2010.”

This forever-legal-limbo scenario helps hurt Android, so we cannot just pretend that software patents are not a problem. More FOSS and GNU/Linux site must learn to address these issues as a matter of priority. Not enough are doing this at the moment and it definitely helps our foes. Many people seem to forget that Microsoft still attacks GNU/Linux using patents (albeit more discreetly than before).

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Microsoft Gradually Embraces, Extends, Extinguishes Linux Foundation as a Foundation of GNU/Linux http://techrights.org/2015/07/02/linux-foundation-helping-windows/ http://techrights.org/2015/07/02/linux-foundation-helping-windows/#comments Thu, 02 Jul 2015 20:05:32 +0000 http://techrights.org/?p=83847 The Linux Foundation now helps Windows, too

Linux Foundation

Summary: By liaising with (or hijacking) existing members of the Linux Foundation, as well as by paying the Linux Foundation, Microsoft turns the Linux Foundation into somewhat of a Windows advocacy group

After the public embarrassment at DockerCon 2015 (causing GNU/Linux software to be tilted in Windows' favour) and more Microsoft payments to the Linux Foundation we can’t help wondering if the Linux Foundation is no longer dedicated to the promotion of GNU/Linux, the operating system. Microsoft is increasingly using its presence and pawns in the Linux Foundation in order to advance Windows at the expense of GNU/Linux. Hyper-V was an early example of that. It’s a Window program and it is proprietary. Why would the Linux Foundation bother supporting that? It was the Microsoft-bribed Novell that did this at the time. Microsoft has moles. In fact, the Linux Foundation now employs some former managers from Microsoft. Can it get much worse than that? One of the worst sites on the Web, a site that mostly rips off other Web sites without any attribution whatsoever, went with the misleading headline “Microsoft joins the Linux Foundation” and some other sites which speak about the Linux Foundation’s R Consortium are emphasising Microsoft [1, 2] as if Microsoft is now the official steward of R. For Microsoft, and by extension for Windows, this is clearly an attempt at buying out a language along with developers. As Linux Veda put it: “The creation of this consortium comes on the heels of Microsoft’s acquisition of Revolution Analytics at the end of January this year. Revolution Analytics are the leading commercial provider of software and services for R. It has been suggested by commentators that Microsoft’s competitors had joined this consortium in an attempt to keep R open.”

“Last month we showed how the Linux Foundation actually promoted Vista 10 because of AllSeen.”Here is the press release from the Linux Foundation and some resultant coverage [1, 2, 3]. Mac Asay, who had tried to work for Microsoft, suggested this “embrace” by Microsoft. In his own words:

Given R’s non-corporate nature, I shouldn’t have been surprised by the community’s response to my recent suggestion that Microsoft owned the R code and should consider contributing it to a foundation.

To paraphrase the response: “There already is a foundation — and the foundation, not some corporation, owns the code!!”

I’ll admit that I was taken aback. After all, my primary contention was that re-implementing R to get around its underlying GPL license would sacrifice R’s great community. I hadn’t bothered to take the time to dig into the provenance of the R code, as it wasn’t material to the bulk of my article. Why wasn’t that community grateful for the compliment, and indifferent to my eensie weensie faux pas?

Because the essence of R is important to its community, and that essence can’t be purchased by any corporation.

A reader who linked to the above article told us that Microsoft is “infecting a GNU project” here. It’s easier to see now why Microsoft bought an R company. It’s all about “developers developers developers developers” (Ballmer’s words) and it’s about them using Windows. Why is the Linux Foundation going along with this? Probably the same reason it goes along with horrible UEFI, Intel being a key financeer of the Foundation, even going back to the OSDL days. It’s all about who is paying. The Linux Foundation, and prior to it OSDL, is supposed to exist so that companies cannot snatch Torvalds with a huge salary but instead they will pool together money to pay Torvalds et al. This pooling mechanism is now being exploited or even compromised by Microsoft, which cleverly knows it can bribe or infiltrate the foundation (Nokia, Novell, and so forth) while the Foundation itself is defenseless as it’s not built to decline funds or repel (even ostracise) members. We wrote about this many years ago because Microsoft destroyed some consortia in this way exactly — by paying off to discredit/dilute/distract/alienate collective efforts, e.g. OSA. Zemlin’s Foundation should learn from other foundations which were cleverly destroyed by Microsoft (Android too is 'work in progress').

Watch this new article promoting proprietary Windows and framing it as “contribution” to “open source”, the context being the eerily-named AllSeen Alliance of the Linux Foundation:

Microsoft has contributed open source code called the AllJoyn Device System Bridge to the AllSeen Alliance in order to help connect legacy and purpose-built devices to the Internet of Things.

Last month we showed how the Linux Foundation actually promoted Vista 10 because of AllSeen. This is the same operating system which, according to the news a couple of days ago [1], “will share your Wi-Fi key with your friends’ friends”. Yes, AllSeen indeed.

Related/contextual items from the news:

  1. UH OH: Windows 10 will share your Wi-Fi key with your friends’ friends

    Those contacts include their Outlook.com (nee Hotmail) contacts, Skype contacts and, with an opt-in, their Facebook friends. There is method in the Microsoft madness – it saves having to shout across the office or house “what’s the Wi-Fi password?” – but ease of use has to be teamed with security. If you wander close to a wireless network, and your friend knows the password, and you both have Wi-Fi Sense, you can now log into that network.

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Microsoft is Trying to Subsume GNU/Linux and Free/Libre Software http://techrights.org/2015/06/17/subservience-to-microsoft/ http://techrights.org/2015/06/17/subservience-to-microsoft/#comments Wed, 17 Jun 2015 09:02:56 +0000 http://techrights.org/?p=83470 K. Y. Srinivasan

Summary: Promoting a future of subservience to Microsoft even when it comes to GNU/Linux, Android, and Chromebooks

“Embrace, Extend, Extinguish” (EEE) is alive and well at Microsoft. The word subsume is defined as “to include or place within something larger or more comprehensive,” so it’s a good word by which to describe Microsoft’s treatment of GNU/Linux and Free/libre software, be it in Azure or Cyanogen etc.

Microsoft hired Mr. Srinivasan (above) from Novell to help subsume Linux, the kernel. We are concerned about this latest personality grooming from the Linux Foundation, having noted Srinivasan’s role before [1, 2, 3]. Grooming the Microsoft developers who help Microsoft subsume Linux is not wise. The Linux Foundation presents Srinivasan as “an architect in the Windows Server Division at Microsoft where he focuses on making Linux run well on the Hyper-V hypervisor and Azure cloud environment.” In other words, this man puts GNU/Linux in Microsoft’s hands, managed by proprietary software with back doors. Great, eh? As we wrote last week, it’s an entrapment. Microsoft is trying to do the same thing to Android, putting software that captures users’ voice in it (transmitting it to Microsoft, a notorious privacy violator). Microsoft-friendly authors are right now celebrating the extension of Microsoft’s spying network Skype (with NSA access) to GNU/Linux and Chromebooks. What a terrible thing to be doing.

The stupidest suggestion one can come up with right now is Microsoft buying a GNU/Linux vendor or anything along these lines, but corporate media (Fortune) has Barb Darrow say that it “makes sense for Microsoft to buy hot cloud startup Docker” despite Docker being quite closely tied to GNU/Linux (or UNIX). “Other emerging startups like CoreOS and Mesosphere are also working on capabilities that compete with what Docker’s cooking,” Darrow wrote. “And then there’s the aforementioned Google Kubernetes, which is also open source and free, and also promises similar capabilities. Some analysts have said that the product works better than Docker’s nascent orchestration features.”

Docker already responded to this nonsense, saying that it’s not for sale, but the Microsoft-friendly, Bill Bates-bribed media (yes, he subsidises them) released this puff piece which sells the ‘new Microsoft’ illusion. Microsoft's booster Tim Anderson, in the mean while, contributes to the openwashing of Microsoft using abandoned software.

Microsoft has not changed and it is definitely no friend of GNU/Linux and Free software. The Fortune article (finance-leaning) shows what non-technical writers can do when they don’t actually understand what containers are and how they work (unless it was intentional propaganda). Microsoft buying Docker makes as much sense as Coca Cola buying Nokia or something bizarre like that. Do editors even check what they print? Is this just agenda disguised as an article?

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The Threat of Mono is Not Entirely Over Yet http://techrights.org/2015/01/01/mono-risk-persists/ http://techrights.org/2015/01/01/mono-risk-persists/#comments Thu, 01 Jan 2015 16:38:34 +0000 http://techrights.org/?p=80882 The risk of Microsoft’s interjection into Free/Open Source software (FOSS) persists

A syringe

Summary: Attempts to put Mono in GNOME still exist (Xamarin behind it) and the openwashing of .NET continues months after the Big Lie

MONO has been a thorn in the side of Free software for nearly a decade, shortly after it had been conceived by a Microsoft fan who used it to promote Microsoft APIs with associated patent risk and lock-in. It wasn’t too shocking to see the Microsoft-tied Novell joining in the ‘fun’. We have spent many years fighting back against Mono, which was an embodiment of Microsoft’s interests and an attempt to assimilate FOSS to Microsoft. The Microsoft proxy now known as Xamarin is still threatening to bring Microsoft APIs to GNOME. We thought GNOME had already salvaged itself from this risk, but the risk persists and it needs to be stopped. It was already defeated before (GNOME was close to becoming Mono-dependent whereupon we wrote many articles to create protests).

The unfortunate thing is that Microsoft bamboozled many journalists into stating that .NET is "open source" (it is not) and a Dice site is trolling again using that same old .NET spin. Do not let the lie be spread so easily. Microsoft’s .NET is proprietary and it still is a patent threat that favours Windows and Microsoft, i.e. proprietary software with back doors.

“It is a propaganda campaign just like “Scroogled” and the goal is to crush software freedom, not just companies like Google.”IDG recently hired a longtime Microsoft booster, Mary Branscombe, letting her spread these lies every week or so. She was openwashing Microsoft the other day as well as several times last month. She used to write in the CBS-owned ZDNet (very poor-quality Microsoft ads disguised as ‘articles’), but now she escapes the boundaries of tabloids and is really doing a lot of damage not only to Free software but to truth itself.

This whole ‘movement’ which tries to ‘sell’ Mono to GNU/Linux, promote the notion that .NET is ‘open’ and Microsoft is wonderfully ethical needs to be crushed. It is a propaganda campaign just like “Scroogled” and the goal is to crush software freedom, not just companies like Google.

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Gagging Critics: Micro Focus-Run SUSE Bribes Journalists in Exchange for Positive Coverage http://techrights.org/2014/11/26/suse-bribing-journalists/ http://techrights.org/2014/11/26/suse-bribing-journalists/#comments Wed, 26 Nov 2014 07:51:28 +0000 http://techrights.org/?p=80322 Summary: Amid the takeover by Micro Focus, SUSE pays journalists (especially critics) who in turn become some kind of advertisements feed of Novell

RECENTLY we saw a longtime Novell critic, Sam Varghese, describing himself as "guest" of SUSE, having been approached on numerous occasions in the past (by Novell) to write some reviews and reports about SUSE or issue some face-saving PR. There was no consistency, except when it came to Mono.

The Microsoft-focused Micro Focus reminds us of Microsoft in many ways, putting aside the fact that Micro Focus, the new owner of SUSE, was Microsoft’s “Partner of the Year”.

Staff of Micro Focus has been trying to connect to me in LinkedIn as if to befriend me despite not knowing me at all. This is typical of Microsoft staff; they too have been doing this. The company habitually refers to this as "schmoozing".

The interesting thing we found out about the SUSE coverage (coming from very few journalists but in large quantities) is that Micro Focus paid for it. Eventually we would like to have list of journalists whom SUSE/Attachment (and the new owner, Micro Focus) paid to ‘plant’ such positive coverage in the media. We still see some such coverage [1,2], but we don’t know exactly who was ‘invited’ (paid) for the gesture. This is unethical at the very least. It is hard to forget how Microsoft paid for people to fly half way across the world to manufacture pro-OOXML (or ODF-hostile) coverage. Very shamelessly — and consistently — this has been done on other occasions too. Microsoft is not even shy to admit that it is bribing journalists, albeit it uses other words to describe its bribes (not just to journalists but also university professors). As Will Hill put it last night: “Wow, it’s Sam Varghese. … look at his iTwire stream. He’s cranking out Ballnix propaganda. “How to keep data safe in the cloud”, “SUSE expects storage solution to take industry by storm”, “Another Debian technical panel member quits”, “Chasing the Z/Linux market: A SUSECon attendee’s tale”, “A lesser-known star of openSUSE”. In the last four days, there are all those SuSE love stories and three Debian drama stories. That’s not what I remember Sam for. I have to admire his work volume, but what he’s saying is an odd surprise.” He said that prior to knowing about the payments made by SUSE. The day before that he wrote: “What a bizarre puff piece. Does the Microsoft press want me to be suspicious?”

“The ultimate goal is to shape the press coverage; it’s subversive.”Remember when Novell contacted many FOSS leaders prior to announcing the renewed deal with Microsoft? Several of them, such as Aaron Seigo (from KDE, now in Kolab), publicly complained about it, having criticised the Novell/Microsoft deal beforehand (we covered this extensively several years ago). He wasn’t alone. Novell just sought to pro-actively gag its critics, alleging that criticism of the Microsoft deal was not about facts but about perception and was due to bad communication (the excuse commonly used by the Gates Foundation when it gets exposed for its abuses). The ultimate goal is to shape the press coverage; it’s subversive.

Micro Focus — like Novell — sure likes to target its biggest critics and even pay them in exchange for positive coverage. Evidence of this now comes from Jack Wallen, one of the loud critics of the Novell-Microsoft deal, who now reveals that SUSE and its patrons actually paid his various expenses including travel (i.e. soft bribes) to essentially buy coverage (some self-serving coverage). To quote Wallen: “Thanks to SUSE for sponsoring travel expenses to cover this conference.” Over the years Novell partners tried to invite me to to their events, presumably as part of some efforts to change my mind.

Related/contextual items from the news:

  1. SUSE gets live patching

    That’s Linux. It doesn’t tend to break down, and you usually don’t need to reboot it when you patch it. Usually.

  2. Linux distributor SUSE delves into software-defined storage

    Suse logoSOFTWARE-DEFINED STORAGE (SDS) is the latest buzzphrase in the sector, and in recognition of this Linux distributor SUSE has announced a pre-release programme for SUSE Storage.

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Boycotting Micro Focus International http://techrights.org/2014/11/23/boycott-micro-focus/ http://techrights.org/2014/11/23/boycott-micro-focus/#comments Sun, 23 Nov 2014 17:24:12 +0000 http://techrights.org/?p=80304 Summary: Microsoft’s “Partner of the Year” is taking over the patron of SUSE and all of Novell’s remains, except the patents (Microsoft has already grabbed those)

EIGHT YEARS AGO this site was born. This was motivated by the Microsoft-Novell deal. The deal heralded the beginning of Microsoft’s patent assault on GNU/Linux and Free software — an assault that continues unabated to this date.

Novell’s virtual assets are now being passed to a new entity called Micro Focus, which is Microsoft's "Partner of the Year". This has just been finalised [1] and there is press coverage about it [2,3], including some interviews [4,5,6,7], reviews [8,9], and analysis from the OSI’s President [10,11] amid SUSECon 2014 [12] that showcased and emitted some technical announcements [13-16] (not many, mostly one that’s actually significant).

SUSE has certainly received a lot of coverage over the past week (while my wife and I moved between homes), but one must remember that SUSE is not free from Microsoft; if anything, now it is more Microsoft-tied than before. People must continue to boycott SUSE, not just Novell (or what’s left of it). Attachmate did not give SUSE full independence, only symbolic. Just look who manages SUSE. It’s not independence. With Microsoft’s “Partner of the Year” in charge of SUSE we can expect to see the same pro-Microsoft agenda and sickening relationships inside SUSE (OOXML, Hyper-V, Mono and so on). It’s about Microsoft controlling and profiting from GNU/Linux, hoping to put Red Hat or Debian at peril.

For those who are still in denial over Micro Focus’s role in SUSE, read [17]. Microsoft’s “Partner of the Year” is now in charge.

Related/contextual items from the news:

  1. Micro Focus International Completes Merger with the Attachmate Group
  2. Free as in Beer, SUSE News, and 7 Years Uptime

    The SUSE parent company Attachmate and Micro Focus merger is now complete and Sam Varghese has several interviews from SUSECon today.

  3. Wake Up Lil SUSE, Minty Goodness, and Caine Mutiny
  4. Lock-in a danger to open source, says SUSE official

    If there is one aspect in the open source world that can prove detrimental, it is companies that indulge in lock-in to the extent possible, according to Gerald Pfeifer, senior director of product management at SUSE.

    Speaking to iTWire on the sidelines of SUSECon 2014, the third annual conference of the Germany-based SUSE Linux, which is being held in Orlando, Florida this week, Pfeifer (lictured above) did not mention any companies by name, though he did make a passing reference to Oracle.

  5. Enterprise desktop has its own niche, says SUSE project head

    One aspect of GNU/Linux that does not figure much in discussion when commercial Linux is the topic, is the desktop. SUSE Linux is no exception.

  6. A brilliant mind: SUSE’s kernel guru speaks

    The man who in every sense sits at the nerve centre of SUSE Linux has no airs about him. At 38, Vojtěch Pavlík is disarmingly frank and often seems a bit embarrassed to talk about his achievements, which are many and varied.

    He is every bit a nerd, but can be candid, though precise. As director of SUSE Labs, it would be no exaggeration to call him the company’s kernel guru. Both recent innovations that have come from SUSE – patching a live kernel, technology called kGraft, and creating a means for booting openSUSE on machines locked down with secure boot, have been his babies.

  7. Chasing the Z/Linux market: A SUSECon attendee’s tale

    When Roger Williams wanted to increase the market for ShadowDisk/Z, a product made by the little Gainesville-based company he works for, he headed to meet the experts, those at SUSE Linux which has something like three-quarters of the market for all Z/Linux customers.

  8. OpenSUSE 13.2 review – Back in the game!

    Finally. After three and a half years of sucking, openSUSE is a top performance once again. This is an excellent all-around distribution, and it comes with some neat solutions both over and underneath the hood. You can’t deny its amazing looks, and with the 13.2 release, performance, functionality and stability are back.

    Now, openSUSE 13.2 has its problems. The screenshot thingie, subvolume handling, missing Samba printing option, plus that one inexplicable crash, which is probably the most serious item. And because of it, the final grade shall be lower. But all combined, the woes pale against the quality and general goodness radiating from this edition. Really, if you ignore the initial setup, and the one time freeze, there’s very little not to like about openSUSE 13.2. I’m pleased. And feeling somewhat fanboyish. But this is good.

    Anyhow, if you’re looking for a non-Ubuntu family release that can offer you a great blend and balance between looks, modernity, functionality, stability, and performance, then you have several worthy candidates to consider. CentOS is one of them, and now openSUSE has returned, mighty and strong, and sanity has been restored into the distro world, where for many years, there’s been an almost total dominance by Mint and Ubuntu, with everyone else lagging behind. OpenSUSE 13.2 is definitely worth testing and exploring. Final grade, something like 9/10, and this is with a whole 0.5 point taken off. So it’s good. Do it.

  9. Meeting the green lizard of openSUSE 13.2

    In the first week of November the openSUSE team launched the latest version of its operating system. The project’s release announcement highlights such new features as faster boot times, KDE 4.14, GNOME 3.14 and a technical preview of KDE’s Plasma 5.1 desktop. The new version of openSUSE has undergone some visual changes and presents us with new artwork and a more streamlined system installer. The distribution also offers updated versions of Linux containers and Docker. The project’s configuration panel, YaST, underwent a major re-write last year and should now be faster. The project claims better integration with systemd too. Prior to installing or upgrading to openSUSE 13.2 I recommend reading the project’s release notes where we can find a list of known problems and workarounds.

  10. Suse jumps into software-defined storage

    As its steady post-Novell recovery continues, Suse moves into enterprise software-defined storage

  11. Little Suse wakes up, Linux shakes up
  12. SUSECon 2014: Day One Highlights

    SUSECon 2014 kicked off in Orlando this week, with the company stressing an air of open communication and transparency with its partners befitting its commitment to the Linux open source platform.

  13. SUSE Linux Enterprise Live Patching Now Available

    “In addition to increasing service availability by updating critical kernel patches without rebooting, and reducing the need for planned downtime by patching frequently, SUSE Linux Enterprise Live Patching preserves security and stability by applying up-to-date patches,” said Matthias Eckermann, senior product manager for SUSE. “It’s a fully open source solution that features zero-interruption interaction with the system and a familiar deployment method. It’s ideal for mission-critical systems, in-memory databases, extended simulations or quick fixes in a large server farm.”

  14. Ceph-starter Suse to enter software-defined storage market
  15. SUSE Brings Live Patching and Ceph Storage to Its Enterprise Linux

    Enterprise Linux vendor SUSE today made a series of announcements at its annual SUSEcon event, providing users with new patching, storage and cloud capabilities.

  16. Philae Space Probe Landed on the Comet with the Help of SUSE

    The human race has sent a small probe called Philae to land on a comet and got it right the first time it tried. As expected, a Linux operating system has been involved in the success of the mission.

  17. SUSE’s new owner does not see much change ahead

    The new owner of SUSE Linux does not intend to move the company from Nuremberg or change its method of operation in any substantial way, the chief executive told iTWire on Tuesday.

    [...]

    The deal has been ratified and is expected to be sealed on Thursday, 20 November.

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OpenSUSE’s ‘Assurances’ Are Classic MBA School Hogwash http://techrights.org/2014/09/17/brauckmann-pr/ http://techrights.org/2014/09/17/brauckmann-pr/#comments Wed, 17 Sep 2014 09:01:06 +0000 http://techrights.org/?p=79391 Pigs

Summary: OpenSUSE is not part of any commitment, except for SUSE’s; the impact of the Novell/SUSE acquisition casts uncertainty on the project’s future

YESTERDAY we quickly commented on the news that Micro Focus, a very strong British partner of Microsoft, is taking over SUSE and Novell. The British press put it like that:

Attachmate once earned the ire of the open source community for taking on Novell and then putting 882 patents in its Linux portfolio up for sale to a consortium backed by Microsoft.

Microsoft’s strategy remains the same. It is using patents to attack Linux and it is determined destroy, co-opt, assimilate, acquire, destroy, etc. Microsoft can only continue to ‘sell’ licences (for Windows, SUSE, etc.) if competition is gone and this is the reason Microsoft keeps making SUSE its own. SUSE is basically “Microsoft Linux”, which is why Microsoft keeps advertising it as the only ‘true’ GNU/Linux.

Swapnil Bhartiya, an OpenSUSE sympathiser, correctly says:

The merger will once again ruffle some features at SUSE and openSUSE which have been under continuous financial instability.

Bhartiya also covered the message sent to the mailing list of OpenSUSE (documented by LWN). It states:

Dear openSUSE Community,

As you might be aware, SUSE’s parent entity, the Attachmate Group has
entered into an agreement to merge with Micro Focus, a UK-based
enterprise software company. As the primary sponsor of the openSUSE
Project, SUSE’s President and General Manager, Nils Brauckmann has
contacted the openSUSE Board to share the following key points


* Business as Usual: There are no changes planned for the SUSE
business structure and leadership. There is no need for any action by
the openSUSE Project as a result of this announcement.

* Commitment to Open Source: SUSE remains passionately committed to
innovation through Open Source. This has always been the foundation of
our business and that will continue as we grow and innovate in new
areas.

* Commitment to openSUSE: SUSE is also fully committed to being a
sponsor and supporter of an open, highly independent and dynamic
openSUSE community and project. We are proud of openSUSE and greatly
value the collaborative relationship between SUSE and the openSUSE
community.

The combination of the Attachmate Group and Micro Focus creates a
larger, global enterprise software entity, operating at a greater
global scale. This provides an even stronger foundation for the
continued investment in SUSE and our continued innovation through Open
Source.”

The openSUSE Board would like to thank Nils and SUSE for this
reassuring statement. The Board is enthusiastic about the benefits of
the merger may bring to SUSE and ultimately also to our openSUSE
Project.

If anyone has any questions, there will be an opportunity to raise
them at tomorrow (Wednesdays) regular openSUSE Project Meeting at
15:00 UTC in #opensuse-project on the Freenode IRC network.

Regards,

The openSUSE Board

Notice how Brauckmann does not say anything at all about a commitment from Micro Focus to SUSE and OpenSUSE. He speaks of a SUSE commitment to OpenSUSE. That’s it. This is a classic non-denying denial, where what one neglects to say actually says quite a lot.

Michael Larabel’s interpretation is that “Richard Brown relayed a message on the behalf of SUSE’s President and General Manager, Nils Brauckmann, that basically everything is alive and well.”

That’s MBA speak. As it was put by Susan Linton: “The Attachmate Group, announced a merger with Micro Focus leaving openSUSE users nervous.”

This nervousness is why Brauckmann, by proxy, relayed some face-saving talking points. The acquisition seems imminent:

Micro Focus buying Novell, Suse Linux owner for $1.2 billion

[...]

Micro Focus expects the deal to close by November.

Our assessment is that changes are afoot. SUSE is now at the mercy of a strong ally of Microsoft, which is likely to keep SUSE or run SUSE only in a way that appeases Microsoft’s interests.

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Quick Mention: Novell and SUSE Passed to Microsoft’s ‘Partner of the Year’, Microsoft Focus http://techrights.org/2014/09/16/micro-focus/ http://techrights.org/2014/09/16/micro-focus/#comments Tue, 16 Sep 2014 09:03:33 +0000 http://techrights.org/?p=79370 Summary: Novell is changing hands again, and falling into the hands of even more Microsoft-friendly actors

Many GNU/Linux sites have not properly covered — if at all — the news about Microsoft’s very special partner (with a long track record) buying what’s left of Novell and SUSE after Microsoft took the patents.

Microsoft Focus, or Micro Focus, would soon be in charge of SUSE. One GNU/Linux-centric journalist said: “Micro Focus announced today its intention to acquire privately-held Attachmate in a deal valued at approximately $2.3 billion.

“The deal includes the issuance of 86.60 million shares of Micro Focus to Attachmate’s parent company, Wizard Parent LLC. Micro Focus states that the value of the granted shares is approximately $1.19 billion. Micro Focus also will take on Attachmate’s net debt of $1.17 billion.

“Micro Focus is an enterprise application modernization and testing software vendor with a long list of products in its portfolio. The company’s core products include its Visual COBOL, Enterprise Analyzer and Enterprise Developer platforms.

“Attachmate is an amalgam of multiple companies, including a namesake company that provides enterprise file share and legacy application management products, and the NetIQ business for networking application visibility software. Attachmate also owns Novell, which it acquired in a $2.2 billion deal in 2011. Following the acquisition of Novell, Attachmate spun out SUSE Linux as its own operating division.”

Oddly enough, nothing is being said about the Microsoft connection or even the mysterious sale of Novell to Attachmate via secretive proxies.

We are probably going to revisit this acquisition very soon.

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OpenSUSE ‘Community’ is Crumbling, AttachMSFT Killed SUSE’s Potential (Except as Microsoft Tax) http://techrights.org/2014/07/18/opensuse-community/ http://techrights.org/2014/07/18/opensuse-community/#comments Fri, 18 Jul 2014 19:46:28 +0000 http://techrights.org/?p=78551 Summary: Not much too see in the land of SUSE and Attachmate, or formerly the company known as Novell

Last week we were asked about Attachmate, which we no longer keep track of because Novell is pretty much dead and SUSE is not doing well. They are going extinct. The Xandros Web site is no longer even accessible and when it comes to SUSE, the community in particular, it is going down the same route. Well, judging by the declining volume of activity in OpenSUSE News, Greg K-H’s move to the Linux Foundation, the fact that community manager left (he works for ownCloud now) and now the departure of the chairman of the OpenSUSE board (more on that here), we think it is safe to treat SUSE as irrelevant, or not relevant enough for us to track. Here is the latest:

The openSUSE Board announced this morning that Vincent Untz has stepped down as the openSUSE Board Chairman.

Several days ago I spent some time looking at years’ worth of Novell news, Attachmate news, and SUSE news (I am still subscribed to dozens of feeds related to all those). This was done after a discussion in IRC. I am reluctant to bother with any of them because 1) there is not much news at all and 2) the news hardly relates to FOSS. Novell will go down the same route as Corel and SUSE will end up like Xandros. As for Xamarin, which was created after Novell/Attachmate had abandoned Mono, it is mostly an extension of Microsoft now (a bit like SUSE, which shows up in Microsoft sites because their goal is to tax GNU/Linux servers).

SUSE and Novell pretty much became what we foresaw and feared. Novell’s patents are in Microsoft’s hands now, SUSE serves no purpose other than taxing GNU/Linux for Microsoft, and Novell was not allowed to truly complete with Microsoft. AttachMSFT ensures that much of Novell’s proprietary portfolio is a dying breed. Mono became more closely tied and entangled with Microsoft.

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Novell Continues to Damage GNU/Linux http://techrights.org/2014/05/03/boycott-of-suse-and-novell/ http://techrights.org/2014/05/03/boycott-of-suse-and-novell/#comments Sat, 03 May 2014 12:34:58 +0000 http://techrights.org/?p=77509 Gates on SUSE

Summary: The boycott of SUSE and Novell needs to go on because the huge damage caused by the Microsoft-Novell deal is not over

Novell is history, but its legacy continues to haunt GNU/Linux. Its orphaned project, Mono, is nowadays getting even closer to Microsoft through Xamarin (Mono is not completely dying just yet, as Microsoft-linked circles actively promote it), OOXML continues to cause migration woes (after Novell helped OOXML gain adoption), and Microsoft back doors in Linux, such as Hyper-V (the NSA can access virtual machines remotely), are foolishly promoted even by the Linux Foundation’s Web site right now (it links to this page from Microsoft and also to this other page from Microsoft, promoting Microsoft-taxed SUSE/Ballnux). 3 or so years after Novell virtually died we are still suffering from the decisions of Ron Hovsepian, Dragoon, and Jaffe, who is now putting DRM in the World World Web (as the W3C’s CEO).

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