Bonum Certa Men Certa

Analysing the Rationale for the Deal

Mark Antony Kent submits the following take on Novell's deal:

"Presumably this deal really goes back to Novell's roots. Their heritage is entirely that of a proprietary software vendor, who've been competing with Microsoft for at least a couple of decades, and mostly losing.

As things got really bad for Novell, the board was very aware that the only growth area which was not dominated by Microsoft was in free software, so they looked around to see what they could do. The most promising of all the distributions at that time was Suse, based in Germany (important - not in the US), had good traction in Europe and was well respected globally.

Like most of the early distributors, Suse was doing financially okay, but no more than that, and was desperate for cash to fund their continued expansion; working in a commodity environment means working with very very narrow margins, having significant investment can make that much less painful.

So, it looks like a match made in heaven. Novell, the well respected US-based networking company, investing in, indeed buying, one of the big four Linux distributors. Everyone in both the stock-markets and the open-source world applauded the move; Novell had a new lease of life in the server arena, their traditional market place, /and/ got to push Suse for the desktop too. Until Ubuntu came along, Suse was considered by many to be the most mature business desktop offering.

Unfortunately for all concerned, although the match was reasonably successful, and Novell have enjoyed a steadily increasing penetration into the desktop and server markets previously dominated by Microsoft and Unix vendors, the rate wasn't all that high, and was damaged by the SCO activity, something Novell found itself on the wrong side of, but was acutely aware it was in the spotlight.

At about the same time, the FSF and Prof Moglen began work on GPL3. GPL3 is intended to prevent the last great legal threat possibility against linux and free software, that of patent fud. When the GPL was first created, this wasn't much of an issue, because nobody had been granting patents for trivial software, but, the USPTO was made a profit centre, and its managers realised very quickly that in order to make their profit, so that they could get their bonusses, they must grant as many patents as they possibly can; which is what they did. Patents have been granted for such triviata as an "icon on a screen" to such obvious developments with prior art, such as moving email on a packet-radio link (RIM suffered from that one, even though it's been going on for decades).

So, as the SCO debacle reached its peak, the FSF people were considering how to counter this new threat against freedom, albeit a threat resulting from a series of blunders by the US Government, including starting to offer software patents, and then making money from granting them. Thus, GPL3 is born.

The evironment in which GPL3 came to pass should be considered carefully, and compared with GPL2. For GPL2, most developers were freelancing in some way or other, perhaps paid by some employer, but their work wasn't germane to the company, perhaps students or academics, or enthusiasts working at night in their cellars. Thus, GPL2 addressed their fears very well - their work could not be taken by anyone else, improved and sold-on, without the improvements being returned to the code base. A reasonable proposition, although even then, major companies such as Microsoft were already calling it a Cancer, precisely because they were not able to take the work and pass it off as their own.

By the time GPL3 is being written, though, free software has become something of a victim of its own success. Many, if not most, developers are now working for commercial organisations, or, if not, at least they're working for "not for profits". Thus the whole attitude to patents is affected, if not dominated, by the legal departments of their employers. The concepts of "RAND" - reasonable and non-discriminatory, are preferred licensing methods by many companies, based on the sage advice of their senior legal people. Why? Because they still do not understand how software is developed, or why free software has been so successful. There is still the view that free software can be "de-commoditised" in some way, although any economist worth his salt will tell you that this is exceptionally difficult to achieve (but not impossible).

So, whilst the previous generation of academics, cellar-dwellers, students and part-time coders were happy to have their own work protected by GPL2, the current generation are having to look over their shoulder at their legal team for GPL3, but their legal teams do not necessarily understand why GPL2 exists; they might understand what it means, but they don't understand why its there. Thus, GPL3 is getting a rough ride indeed from many people. An additional argument has been that GPL3 is not the right route to resolving the software patent problem, indeed, it's just possible that this is true, however, pragmatically, it's likely to be the only one which will work, unless someone seriously believes that the free software community can take on and beat the US government on patents granting - something I doubt very much.



Microsoft have learnt a lot from their funding of SCO to claim copyright on Linux. These lessons include that the approach was, in fact, surprisingly successful. There's always a pundit or analyst who can make money from selling the FUD on in companies, and as most companies, and lawyers, are naturally very conservative and cautious, merely making a public accusation can be enough to stop customers from moving to linux. However, the second lesson has been that whilst the wrath of the free software community doesn't scare them one bit, the steady loss of customers to the free software world scares them greatly. They have no fear of the FSF, of Linus T, of ESR or of RMS, but they are terrified of linux distributions which prove that free software is good enough for most uses, and they're terrified of the GPL, which protects them.

So, they've gone for a second round of legal attack. This is nothing new for Microsoft, indeed, the SCO case was nothing new. From the beginning, Microsoft have been about manipulating the legal system to their own ends, and marketing heavily to persuade an unknowledgeable public of their wholesome aims. The agreement with Novell is just one more step from Bill Gate's original letter regarding the copying of basic, sent just scant months after he'd stolen printouts himself in order to write the basic, Microsoft have never played this game with anything less than four Aces up each sleeve.

Microsoft saw GPL3 coming along like a high-speed train, and they were struggling to get over the level-crossing. They knew that they had just a few weeks, months at most, to get a patent attack in, before the free software world began to recognise the huge danger this poses, so, they did one of the things they're best at. They charmed the board of a company - in this case, a competing company, but one which they knew was still cash-strapped, was not growing at the rate it wanted to, and was still painfully aware of how close it had come to litigation in the SCO case. Whilst IBM might have protected Novell, it might not have done, and where would that leave the boys from Utah? So Microsoft found very fertile territory in the Novell board. People whose real background was proprietary code, networking and unix; people who understood lock-in and licences, and people who were desperate for both more cash and for peace of mind that they would not be under attack from Microsoft. But, most of all, they were a company board who were desperate to do better than the market leader in their space, Red Hat, and also do better than the very well funded upstart, Ubuntu.

Microsoft played, as always, several Aces from each sleeve. They agreed to provide a seal of approval for Novell Linux; they agreed to stop fuding it in public. They wouldn't actually stop, of course - they'd keep those Aces for later, and let Novell's lawyers argue it out for as long as they could afford to, Microsoft never needs to keep any promises it makes, it's rich enough to avoid that, another Ace up its sleeve. But more importantly, they agreed to not attack Novell's customers legally, whilst agreeing not to reach a similar agreement with any other linux distributor.

Well, after a few hearty meals, glasses of beer, wine and spirits, how could an offer like that look anything other than gold-plated? What more could a CEO want than to protect both his company, and his customers, from Microsoft's attacks? It would be bound to improve his company's standing in the Linux world, and on the stock-markets. At least, that's what a CEO, fresh out of the proprietary world would think. A CEO with experience of the free software world would've seen all the landmines, pitfalls and caltrops scattered along this road, and would also have been far more aware of GPL3 and why it was being written - to protect his company and his customers from precisely this problem.

I suspect that the real winner from this debacle with be GPL3, as it will highlight the persistent danger which Microsoft poses to the free software world. Microsoft have certainly lost the server battle and the mobility battle and are in the process of losing the embedded battle and the console battles; they look like they will also lose the desktop battle, although it might take longer, but they are very very cash-rich, very powerful, and have far from abandoned the war.

I strongly recommend that anyone who's written off GPL3 as unecessary reconsiders their position in the light of the Novell/Microsoft deal."

Comments

Recent Techrights' Posts

Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
 
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025