Bonum Certa Men Certa

Novell's Software Patent Strategy in South Africa

The software patent issue is being fought on a "geo basis", with South Africa an important battleground, according to Stafford Masie, South Africa country manager for Novell at the CITI forum Q&A.

During the Q&A session, professor Keats pointed out the fact that patents are granted by default in South Africa. Stafford Masie went on to explain how Novell's strategy regarding the software patent battle in South Africa includes both "proactive counter patenting" while simultaneously working at the ministerial and even presidential level to eradicate them in South Africa.


Question: …Statement, question, call it what you will, thanks for doing the OpenOffice thing… seeing that you’re going to be releasing it, will be great to see if it works with our stuff, we’d like to put that into the market… Because, it is an issue, I admit, it is a big issue… something that we’re looking forward to… so, once we have the OpenOffice as part of our stack and we approach the 4800 server deal in the US, so its a short list now between us and you - put technologies aside, are you going to come after us over patent issues then?

Masie: So, OK, let me paint the scenario and you tell me if I’ve got the context of the question correctly.

So, in that big deal, whatever it was - Ubuntu and Novell, and not Microsoft and Novell, and would we then use this agreement as a competitive edge and come up against you. Yes and no, OK?

If the customer does believe that there’s issues, concerns, etc because they have Microsoft interoperability stuff, I think the agreement might give us an edge, but its not an exclusive edge, and thats why we want to encourage Shuttleworth and the folks to go and do what we did, investigate what we’ve done, don’t be fanatical about it, but take a look at it.

Now, there are… y’know, I kinda want to say a few things here, and I think we’ve created the platform for it - we will compete, and I think competition amongst Linux vendors is good, it needs to be there… but we need to be responsible in our competing, lets make sure that we don’t compete to the detriment of both of us, because there’s someone standing looking over our shoulders wanting that to happen in a certain way. Microsoft is in the Linux game now, but they wouldn’t love it more than for this Linux thing to just implode, ok, they’d love that to happen also.

It’s kinda win-win for them, so we need to be careful how we compete, now will we utilize this patent portfolio? No, in fact we provide protection related to that. We’ll never use it against another Linux company, we never have - you’ve competed with me in South Africa and I’ve never utilized my…my legal indemnification, etc etc to outcompete you, we dont do that.

In fact, we’ve made it pretty clear on the website that we believe competition between technologies shouldn’t be based on the potential legal liabilities and FUD, it should be based on the technology merits of those solutions, and that’s how we want to compete.

What I want to say, just to the community at large that’s sitting here, one of the things we need to watch out for, is y’know, these debates - example, the way Derek surfaced the mail, now I may not appreciate the way Derek surfaced the mail but y’know what it creates? it creates dialog, it creates dialog - lets make sure that dialog is constructive, lets make sure we give each other the proper attention, lets respect each others opinions, some people are not as informed as others, some people are not as philosophical about things as others, we are a very broad community, what we need to watch out for is that we will fight so hard against each other it’ll make everyone who wanted to put this stuff into their environment sit back and say ‘y’know what, lets just let this thing sort itself out, we’ll look at it again in the next few years.’

Let’s be very very responsible, and I think one of the things we should do, and I can’t believe I’m saying this, we should embrace Microsoft, we should. Microsoft’s participation in this community, the way theyre starting to become participants in it, embrace it, take what they have, take a look at what they have, lets not alienate them, lets not be fanatical about their participation.

I think, the more and more people participating in this the better, the only company that we don’t like participating in this is Microsoft, right? because is the only company that’s said bad things to this point about Linux, its still the only company that says Linux is bad, we are good out there on those little banner ads on the web, so they are competing, thats a good thing.

Just like I would say, Red Hat? bring it on, SUSE is better. (inaud), bring it on, our distribution better… thats good, that doesnt mean we cant collaborate, it doesnt mean we cant get together and innovate for the benefit of our customers and the overall movement as a whole, so we need to be careful as a Linux community, as a Open Source community, as a FOSS group of people that we dont do things that at the end of the day is going to be to the detriment to all parties within the community, we need to be very very careful of that, so what I wrote down is watch the divide, let’s ensure we don’t alienate, I love the way Derek’s approach is, I like the way he’s dealing with this with Novell, and hopefully everyone who has objections to what we do will treat us the same way, and we fully concede, and on the call with Derek we conceded, we should have been more open about our stance on patents,

and you know what we’re doing right now? that stuff that’s on our website, our statements about patents, the EU, etc we’re actually redrafting all of that, so we are alot more explicit in relation to this agreement, in relation to the concerns Derek has outlined, alot more explicit about the international transversal aspects associated with patents, but I’ve asked more specifically, for a geo-based statement from Novell, because the patent issue isn’t an issue transversal, yes there’s this abstract transversal international aspect to the patent issue, but y’know what, the patent issue’s being fought on a geo basis.

In South Africa, we’ve got issues with patents because Microsoft is starting to lodge patents with the patent office, and we dont want to see that in our country, we don’t want to see the liberalization of the patent, the broken patent system in our country, we don’t want to see that happening in the EU, the way the EU is introducing it for the European Union, we don’t see it happening in the United States, so I believe that this patent thing should be dealt with on a geo-basis so lets be very very careful, very specific about our debates, where we are, and what we are trying to achieve and lets not just be philosophical and… preaching against things, we need to be very very careful of that and I think alot of that is occurring

so, will we compete with you, Gary on a legal basis? No. we will not, ok we will never do that. And, if we do, please raise it. and again, Will we have a misstep in the future? I don’t know, I think that we will probably will have a misstep, but we want to come to the party and say y’know, what have we done wrong and how can we rectify it? I think that’s in the spirit of the GPL and the overall community.

(((PROF KEATS))) You ended on a good note there, sort of bringing the focus down locally, which is also what I want to do, it seems to me there’s two ways Novell could approach the local circumstance, I mean if Microsoft is busy registering patents with the patent office you need to understand that patents in South Africa get registered by default, so all you need to do to get a patent is apply for it, basically thats it.

So, you could apply for a patent on tying your shoe with your left hand, practically, and it would be accepted, unless someone challenges it, so there’s 2 possible options Novell could take - one is it could respond by also registering patents, which is just going to accelerate the patent war.

There are other approaches Novell could take, and that would kind of lower the litigous temperature as it were, in this situation, and I am just wondering if you would comment on what is Novell’s stance in South Africa and can we work together as a commmuntiy, including those of us who are completely opposed to software patents, to actually bring it back into some semblance of sanity, because what we have at the moment is nowhere close to sanity.

(((STAFFORD)))

Thanks Derek, and you know the local context is actually the difficult one, its easy to talk about the transversal patent… the broken patents systems that are out there and how it is being done in Europe and the United States; I do think that Novell should do more, and I believe you’ve created the platform for us to voice our opinion, and right now the official opininion about the patent situation in South Africa is being reviewed by Jamal, so Jamal is actively looking into that.

So, we’ve got our legal… our general manager of our legal counsel in India, looking into the patent situation in South Africa and we will officially reply… it won’t be a reply… I think you are going to release an email today at some point, as a subsequent email to the one you sent out, we will, potentially, release an official statement based upon that email our stance in regard to the local patent situation, and yes, there’s many options, yes filing counter-patents or merely just… there’s several, I think, it’s doing pro-active counter-patenting, or we could go to the patent office, and I think we need to actively lobby, and make sure people within our government strucutures at these institutes reporting to fully understand what the implication of this is from an innovation perspective and understand whats happening on an international basis, and how we are fighting this on an international basis and why it does not make sense.

I think that is probably what Novell should do more, than trying to, on a per-patent basis, attack this because I thinks thats not the way to do it, I think lets go to the root which is to make sure people on the ministerial level, the cabinet level in our country, all the way to presidential level and that patents doesn’t mean protection of IP which leads to innovation, protection… patents are actually bad for innovation, and thats our stance as a company: yes we do have patents, we protect ourselves with those patents, and in South Africa we’ll protect ourselves, with those patents and our customers, but as a broader whole, and as a broader community member and as a broader believer in innovation, and that patents may actually stop innovation, we need to be alot more proactive, and I think we’ve got roads into those senior leadership people within government, and we can be influential and I think we should move our weight around alot more, which we will do.

So, thats a commitment that I will make, because I think we need to figure out what we need to do, and you said something earlier, we could do more, let us know, and I think that on a local context, let us engage, I think people like yourself, from UWC, I think your reputation your participation, etc. that plays alot, I can bring Novell the big blue chip business aspect to it, and here are some things we could do, in South Africa, very very easily, but lets make sure that Jamal and those folks work out an official statement and stance based upon that, and thats our commitment. So, there will be a follow-up to that, proactive

For a contrast to Novell's espoused strategy, I invite you to read about IBM's patent philosophies, an immensely more responsible stance than Microsoft and Novell's cross-license just in case philosophy. Where Novell is trying to game the "broken patent system", IBM is aiming to repair it.

On the whole, this new policy is a reflection of the company's(IBM) belief that "widespread adoption of a more formal code of conduct around patents could ease the burden on legal and government administrative systems." It's an attempt to ensure that the patents that do end up issuing are clear, well-founded, and unimpeachable, a highly laudable goal.

Also in this response is the fact that Masie asserts that Novell has not, and will not, use its patent portfolio against a Linux competitor. As I have already pointed out, Novell is using the competitive edge of the patent covenant to FUD Linux and use their partner Microsoft's patent portfolio against its competitors, a distinction I fail to see.

Anyhow, given Novell's recent attempts at revising history, I am not sure what to make of any of their statements any longer.

Recent Techrights' Posts

Links 09/05/2026: "Grand Theft Oil Futures" and Mass Layoffs at Verizon
Links for the day
 
Microsoft XBox Staff Know They're in Trouble, They Try to Unionise Ahead of Mass Layoffs
As the slang goes, it's going to be a "bloodbath"
Gemini Links 09/05/2026: Liberation, The Nocturnals, Rediscovering Internet Radio, and More
Links for the day
Links 09/05/2026: Kremlin’s Biggest Day of the Year and FBI's Attack on the Media (to Save Face)
Links for the day
Google is "Bullshit"
Fix your slop, Google. It's broken.
SLAPP Censorship - Part 71 Out of 200: 5RB Barristers Made Tens of Thousands of Pounds by Changing From Plural to Singular for Microsoft's Graveley and Garrett
Could not even get the client's name right
Gemini Links 09/05/2026: Inkscape "Copy Text Style" and NomadNet
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XVII - European Patent Office (EPO) Management Not Sharing Responsibility for Financial Resources
For those who wonder, EPO strikes are still going on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 08, 2026
IRC logs for Friday, May 08, 2026
Gemini Links 08/05/2026: Slop Falsely Marketed to Greedy Administrators and New Official Maintainer of Antenna Confirmed
Links for the day
Links 08/05/2026: French Prosecutors Seek Charges Against MElon, Europe Wants Young People Without Skinnerboxes (Smartphones)
Links for the day
2,000-4,000 More Layoffs Expected at IBM's Kyndryl, Some Say Over 10,000 Layoffs
They use euphemisms like "restructuring" or "rebalancing"
Social Control Media and GAFAM as National Security Threats (Domestically and More So Abroad)
"Algorithms control messages, swayed 2024 presidential election"
Gemini Links 08/05/2026: Dissociated Pride and Prejudice, Smallnet Protocols Roundup
Links for the day
Links 08/05/2026: Slop Profiteer NVIDIA (and Circular Financing/Accounting Fraud Leader) May Be Liable for Mass Copyright Infringement, Kyndryl (IBM) Layoffs
Links for the day
Outgoing OSI Chief Was Paid by Microsoft to Advocate for GPL Violations (Using the OSI's Name). Now, Inside OIN, He Says GPL Violations Are 'Freedom'.
It seems like only compromised people can be "allowed" to run today's OSI
SLAPP Censorship - Part 70 Out of 200: Microsoft's Graveley Injunction Request 100% the Same as Garrett's (Pure 'Copy-paste', Not Even a Word or Single Character Changed!)
Not so funny at all
Over 97% of the 'Linux' Foundation's Budget Goes Not to Linux
There is a term for this: mission creep
Cloudflare is a Giant Pile of Debt, Now There Are Mass Layoffs and Media Coverage About This is Churnalism, Sometimes by Slopfarms (False Excuses)
If Cloudflare goes under, it'll be great news
NDAs as a Price Tag on Criticism (or Honest Expressions of Opinion)
What ever happened to accountability? Suppressed by reverse bribes (via NDAs)?
Internal Microsoft Communications Confirm: "Buyout" Offer Worse Than a Year's Salary and Microsoft Offers "Retirement" to Young People Who Cannot Retire
Does that sound like a good offer or marching orders?
It's Not a GAFAM World Anymore and There Are Far More Operating Systems Than Google's, Apple's, and Microsoft's
we're not getting the full picture of what's happening
Site Overhauls at Cybershow and at analognowhere.com (Less is More!)
They seem to be replacing the heavy PHP backend with static HTML pages
Microsoft's XBox is Going Away Like Microsoft's Skype (Slowly But Surely, Then All at Once)
XBox is dying rapidly
Codecs and Software Patents - Part IV - Things Got So Bad That Some Laptop Sales Got Banned in the EU (Over Software Patents!)
If software patents lead to such severe outcomes, shouldn't the media pay closer attention to the problem?
The Corrupt Lecture the Non-Corrupt - Part XVI - EPO Had Data Breaches, Covered Them Up, Now Lectures Staff That Didn't Do It and Didn't Cover It Up
Imagine what would happen to staff if (non-anonymously) blowing the whistle on management leaking and then covering up EPO data breaches
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 07, 2026
IRC logs for Thursday, May 07, 2026
Mass Layoffs at IBM's Kyndryl, Slop Won't Save Kyndryl
Kyndryl is a "done deal". It's done. It's finished.
Kyndryl Holdings Inc Falls Almost 15% in 2 Days, What Does That Tell Us About IBM?
The "Big Blue" 'shell game' isn't working
Companies That Say They Are "Hey Hi" (AI) Leaders Don't Really Do Well, They Have Mass Layoffs Because Hype and Storytelling Won't Live Up to Shareholders' Expectations
Microsoft's investment in slop is not going well
Gemini Links 07/05/2026: Unicode and "RSS 4 Noobs (Getting Started)"
Links for the day
During IBM's Annual Event/Bash IBM's Stock Fell to (Almost) Lowest Level in a Year, Insiders Explain "IBM is on the Brink of Collapse."
Anthropic - like IBM - pays the media for puff pieces, exaggerations, and obvious vapourware
Servers Became "Cloud", VR Became "Metaverse", Now Bots Become "Agents" (of Slop)
Changing the name of things won't prevent rejection, only delay the negative reaction some more
Links 07/05/2026: "The ‘Perfect Storm’ Hanging Over Britain’s Public Debt" and "Internet Shutdowns Spread in Africa"
Links for the day
OSI Partners With Microsoft to Help Pretend Proprietary (GitHub) 'Celebrates' Open Source
And a Microsoft operative announced this as well
Links 07/05/2026: "Most Vibe-coded (Slop) Tools Are Not for You" and "Prepare for the PCB Shortage"
Links for the day
SLAPP Censorship - Part 69 Out of 200: Microsoft's Graveley Strangles, Gets Arrested, Charged, Then Asks for Apology From Those Who Reported It by Recycling Garrett's Plea for Apology
Garrett realised that his "funny" lawsuit wasn't so funny anymore
Codecs and Software Patents - Part III - AOMedia Video 1 (AV1) and Antitrust Issues
As we'll show in later parts, this already results in bans of some hardware sales in Europe
The Corrupt Lecture the Non-Corrupt - Part XV - Talking About Responsibility and Accountability While Failing to Hold Themselves Accountable
what outlet is there for justice or for the Rule of Law?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 06, 2026
IRC logs for Wednesday, May 06, 2026
Gemini Links 07/05/2026: Dissociated Jekyll And Hyde, New Antenna 2.0.0
Links for the day