Bonum Certa Men Certa

Op-Ed: Novell Pollutes Free Software (and GNU/Linux) in Preparation for Microsoft Attacks

A reader's opinion

About year ago we wrote and later tried to show (ideally prove) that Novell just loved Microsoft's saber rattling against GNU/Linux. Novell's response (or lack thereof) sometimes spoke louder than words. Like many companies, Novell is selfish and its roots of vanity do not help, let alone Microsoft's presence.

“It would also be in Novell's interest if Microsoft started suing other Linux distributors like Red Hat.”Some hours ago a reader wrote to say: "The 'do not sue' promise is only for Novell's paying customers. That means the others do not get access to all the patented stuff. It would also be in Novell's interest if Microsoft started suing other Linux distributors like Red Hat. That way, large corporate users of Linux will run to safety in the Novell IP-protected safe harbour. See, that's where the real money is."

A few days ago we showed that Microsoft hasn't softened its hard stance against GNU/Linux. This was made explicit, based on the latest word from Microsoft's lawyers and the recent talk from Brad Smith. IT Pro has just published this article about the use of patent terrorism techniques in the fight against real innovation.

Patents and how they're controlled are damaging the way technology is developed - and the Linux case is a key example of this.

[...]

Litigation as a mode of business is fashionable in the current climate, but offers little or nothing of benefit to users or developers. Authorial copyrights in the US have been extended to 70 years after the author's death. The law that made this possible, the Sonny Bono Copyright Term Extension Act, was passed in 1998. Patent law, meanwhile, increasingly protects the interests of the powerful, encroaches upon notions of innovation and freedom to operate, and is used to inhibit competition. Both are in critical need of reform.


Dana Blankenhorn has also just published an excellent short anslysis which explains how Microsoft used Novell to bypass the courtroom's 'acid test'. Remember that Microsoft's software patents were defeated by Alcatel-Lucent just a couple of days ago, showing that they may be worthless, never to be upheld.

“What's in it for Novell? Some more contracts and about a third of a billion dollars in immediate rewards.”It's almost as though Novell chose to lose in court (staging a defeat, or "taking a dive", to use boxing terminology) and then voluntarily pay Microsoft some royalties. What's in it for Novell? Some more contracts and about a third of a billion dollars in immediate rewards.

In short, Novell sold us out when it possibly ran short of cash and almost got kicked off the NASDAQ. In exchange for Microsoft's bribe generous incentives, Novell also decided to inject some more software patent poison into GNU/Linux , thus fulfilling the prophecy it had initially fell for (and was paid to fulfill with Mono, Moonlight, OOXML translators, and other junk code which is encumbered by Microsoft patents).

Anyway, here is what Dana said:

They have signed innumerable contracts based on the claims, contracts which assume the truth of the claims, and caused the production of products whose chief selling point is that their makers admit the legitimacy of the claims.

Microsoft seems in no hurry to change the status quo. They are not going to put up, in the form of a lawsuit. They are not going to shut up, either, given the commercial advantages they have created.


Our reader concluded with a personal opinion: "And this is what Bill Gates' long-term strategy seems to be. Eventually there will be a Novell/Microsoft merger/takeover and Microsoft/Novell will be the prime seller of fully 'IP-protected' Linux solutions. To get there they have to pollute the ecosystem with hybrid Open Source/Closed-Source solutions. Like what they are currently about."

Novell has already spoken openly about this hybrid model [1, 2] (as far back as 2006). If you care about Free software, then boycott Novell. Now, not later. Do what you can to ensure nobody pays a dime to that company, which shares revenue with Microsoft, for a fact.

If Novell gives software patent infringements by Linux some legitimacy -- no matter the disclosure or validity, as judged by impartial experts -- then Novell must lose all legitimacy and credibility as a Linux vendor.

Linux gives blood to Novell

Comments

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
 
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026