Bonum Certa Men Certa

New Articles on Novell and Patents (Updated)

Having made some documents available, the main discussion revolves around how Novell's deal affects patents (and what Novell intends to do about them). Here is a collection of articles that cover this issue.

Eben Moglen: MS should remove patents from Novell agreement (video)

In this segment of our week-long series of video excerpts from our interview with Professor Eben Moglen at last week's Red Hat Summit in San Diego, he explains why it could be disastrous for Microsoft to continue the patent aggression that is part of their Novell agreement.


Kill the patents, kill the problem

Whatever Novell's motivations in its dealing with Microsoft and subsequently with the EFF, the fact remains that if software patents are shown to be the harmful and counterproductive mistake we believe them to be, the industry will benefit in many ways. The community must remain united with this in mind. Nothing else matters.


The Patent Puzzle

Patent fights are fights about money. The secondary issue, the one that makes the headlines, is control. To really understand what's going on in the current patent posturing involving Microsoft, Novell, and a host of open-source companies and groups, it helps to keep those factors firmly in mind.


Novell Tries Striking Delicate Balance on Patents

So when Microsoft claimed Linux and some of its open source programs violate 235 of its patents last week - and held up its agreement with Novell as the template for the royalty payments it wants from everybody - Novell must have wanted to hide under the bed wrapped in a flame mail-retardant blankie.


Novell: GPLv3 Could Be Risky Business [to Novell, not to Linux]

The FSF believes that the patent agreement between Microsoft and Novell, in which both parties agree not to sue each other's customers for patent violations, is a collusion that undermines the goals of the FSF. GPLv3 is designed to prevent other such agreements from occurring between patent holders and open source distributors.


On a related note, here are a few other new articles that talks about patents and their morbid effect.

Nokia says patent dispute hurts 3G

The success of 3G phone technology is being put at risk by a patent dispute between Nokia and Qualcomm, Nokia said today.


aQuantive is not a Microsoft open source play

Given that software patents are not accepted in Europe (or most of the rest of the world) it means enforcing Microsoft's patents would impose an enormous burden on the American economy, and on America's global competitiveness.


UK firms contest 'absurd' software patent ruling

The five companies, Astron Clinica Limited, Cyan Holdings Plc, Inrotis Technologies Limited, Software 2000 Limited and Surf Kitchen argue variously that the IPO is stifling British entrepreneurship, forcing UK firms to apply for patents outside the UK, and putting British inventors at a disadvantage.


Further analysis at Groklaw:

Worst-Case Scenario or Sure Shot? - More on the Novell-MS Deal

So, the way this all adds up to my understanding is that it's certain to happen. It's not just a worst-case scenario. It's a train coming straight at Microsoft's patent threats, and I'm guessing Microsoft is trying to figure out how to untie itself from the track. No doubt Microsoft will in time address the matter and say something, but I can't help but think that the current "but we never meant to rattle our patent saber" talk may stem from an awareness that the game is over, or at least this part of the game.


Update: the Eben Moglen video is now up for viewing in embedded form.

Recent Techrights' Posts

Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
 
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025