Bonum Certa Men Certa

Why Linux Did Not Need Microsoft's Code Injection

Plaster



Summary: The Novell-supported patch brings a software patents debate into Linux and also leverages Windows

Microsoft claims credit for writing a loadable module for Linux, conveniently characterising it as goodwill. Yesterday we wrote about Novell's role in this advancement of Windows [1, 2] (using the massive Linux program, which Novell has rights over). Going back to the roots of this module, it is almost as though Novell invited Microsoft to Linux. Unofficial Microsoft PR blogs seem to confirm Novell's role.



Microsoft Introduces Linux to Software Patents (from the Inside)



Matt Aslett and Jay Lyman from the 451 Group write this Q&A, which concludes with:

Absent the company giving up on software patents altogether, we believe that in order to convince those FOSS advocates that it is serious about co-existence, Microsoft needs to find a way to publicly communicate details about those 200+ patents in such a way that is not seen as a threat and would enable open source developers to license, work around, or challenge them. We also believe that the company is aware of this, although finding a solution to the problem will not be easy. But then neither was contributing code to Linux under the GPLv2.


There is also a Q&A from RedMonk.

“Going back to the roots of this module, it is almost as though Novell invited Microsoft to Linux.”One reader has told us that Horacio Gutierrez, one of the key men behind the racketeering operation against Linux, is now writing about "The new world of patent licensing for Linux" in the company's lobbying blog. "The article describes patent licensing and Linux development under the GPL as something that belongs together," explains the reader, who quotes from the blog: "real-life proof of Microsoft’s desire to build new bridges among industry partners for the benefit of customers, relying on patent licensing agreements as a means of opening up collaboration opportunities by ensuring mutual respect of IP rights and the innovations they protect. This approach is not unique to Microsoft, but is instead the prevalent model for enabling open innovation in the technology world, consumer electronics being an excellent case in point. IP licensing will also continue to play a key role in facilitating the emergence of new categories of exciting devices that embody the convergence of previously disconnected technologies, such as new generations of mobile phones, mini computers like netbooks and smartbooks, and eBook readers."

Who said anything about patents?

As our reader Goblin puts it, what they are trying to say is that "It's OK to claim IP rights... as long as you are open about it... it's a no brainer, Microsoft needs to make money... the shareholders wouldn't like it acting "for the love of computers"... and for the casual observer it may appear happy and fluffy... this changes nothing. It's common sense that Microsoft would want to remove ANY competitor and any gestures made to the Open Source community IMO will be ones that benefit Microsoft. As I say, a proprietary firm doesn't run on kind gestures. This article has just dressed up what we already know."

At IDG, there is a bit of a chronology up for display, but it mostly praises Microsoft towards the end where the lawsuit against TomTom is conspicuously missing. It seemingly sells the impression that Microsoft improved over time.

Microsoft Monday made an historic move by submitting device drivers to the Linux kernel under a GPLv2 license. Microsoft has had a checkered past with both Linux and its open source GPL licensing structure, so the move was a jaw dropper. Here is a look at some of the milestones since Microsoft internal memos leaked in 1998 that attacked the open source Linux operating system as it began to pick up steam as an alternative to Windows.


It Was No "Donation"



Here is the opinion that "Microsoft code cannot taint Linux," but the matter of fact is that code which promotes Windows becomes part of Linux and it remains impossible to reject.

Not for nothing do many people in the FOSS community regard any moves by Microsoft in their direction as suspicious. But in this case, there is one leveller - the General Public License.

This is the same license that has been described as viral by the friendly folk at Redmond. This is one of the reasons why Steve Ballmer has likened Linux to a cancer.


The following explains why Microsoft did not choose the GPL; it was obliged to have it chosen, so it was no donation.

So, if my reasoning is correct, and I am very happy to be corrected, this is what seems to be the order of events:

1. MS want Linux to run on its Hyper-V platform

2. They develop and release drivers that use some GPL code and link to static GPL binaries. I don’t know where that original GPL code came from but it sure would be interesting to find out.

3. These drivers are in breach of the GPL and a third party notices

4. MS are forced, nicely, to comply with the GPL, just like every other organisation whose GPL breaches have been seriously challenged.

So, whilst this is all good and marvallous, especially if you want to run Linux on Windows, keep this other factlet in mind. Microsoft has shaken money out of at least 500 organisations including Linux distributers, claiming IP rights over code they have not written because of patents they refuse to identify in public.

This is an interesting story, but not in the way it is being told. Celebrate because we can chalk it up as a success…to the GPL.


Microsoft was actually pressured to publish the code.

Microsoft was actually pushed by the Linux driver project team to make this week’s historic code submission to the Linux kernel.


It's Business as Usual



More on Microsoft's motives:

Microsoft will play nice with Linux for the time being if it helps Windows Server gain ground as a computing platform in the data center. But the company's ambitious goals haven't changed, and its long-term vision leaves little room for Linux and other open-source technologies.


As our reader Fewa puts it, "I have no problem with them releasing code under the GPL2, it's not a bad thing. But it needs to be noticed that this code does not help Linux. Just like with Xen, it's a method to exert some hardware-side control over Linux and also just to try to get a better position in virtualization."

“Just like with Xen, it's a method to exert some hardware-side control over Linux and also just to try to get a better position in virtualization.”
      --Fewa
Portraying this as generosity and goodwill is a huge stretch. Even Savio Rodrigues, who is sometimes sympathetic towards Microsoft, says that it "was a simple business decision," leading to the possible suspicion that this patch -- just like Mono and Moonlight for example -- is what Novell does for Microsoft to saturate GNU/Linux with code that is favourable to Windows at a technical level (never mind legal implications).

It ought to be added that criticism is deserved by several companies that generally pose a threat to Freedom and work around Linux, but Microsoft is among the very few who try to prevent us from using our operating system of choice, just as it committed violations to deprive OS/2 users of that same privilege. The patch was just business as usual, but PR efforts were blinding to many.

"Microsoft is unique among proprietary software companies: they are the only ones who have actively tried to kill Open Source and Free Software. It's not often someone wants to be your friend after trying to kill you for ten years, but such change is cause for suspicion."

--Bradley M. Kuhn (SFLC)

Comments

Recent Techrights' Posts

The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
Where We Stand With the Winter Series
We'll need to protect names and sources
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
 
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out
Expensive errors: Forbes Gold price, $44 billion Bitcoin given away by Bithumb, South Korea
Reprinted with permission from Daniel Pocock
Links 08/02/2026: Microsoft OSI (Openwashing Lobby) in Europe, Raised Against Social Control Media Provocateurs in EU
Links for the day
The Open Source Initiative (OSI) Lobbies for Microsoft in the EU, Promoting Proprietary Lock-in
OSI pushing and selling Microsoft and GitHub. OSI is Microsoft front group.
Getting the European Court of Justice to Annul the Illegal and Unconstitutional Unified Patent Kangaroo Court (UPC)
We're still working on it
Finland's Dependence on GAFAM (US) Needs to be Lessened, EU Must Follow This Path
It's unwise to make one's entire national infrastructure (computer systems) dependent on a regime which compares its black citizens to monkeys and assassinates nonviolent dissenters
Links 08/02/2026: Microsoft GitHub as Burden on Developers and "The Chomsky Epstein Files"
Links for the day
Gemini Links 08/02/2026: "Doing Not Much Tweaking" and "Reclaiming Digital Agency"
Links for the day
Forbes: BitCoin, Cryptocurrency pages removed from investment database, links stop working
Reprinted with permission from Daniel Pocock
Bitcoin warning followed immediately by network outage
Reprinted with permission from Daniel Pocock
Money Funneled to Protection of Software Freedom, But Nothing Really Lost
Crossposted from personal site
They Tell Us Slop Replaces Workers, But the Reality Is, US Debt Has Surged 2,300 Billion Dollars in Six Months (the Economy is Collapsing)
Oligarchy already entertains the option of running away to (or colonising) some other planet without pitchforks and "unwashed masses"
Mozilla Firefox Sinks to Just 1.5% in the United States
According to analytics.usa.gov
We're Still Fast
The site is even faster than the BBC's despite being on shoestring budget with only a small technical team
Gemini Protocol is Not a Waste of Time of Effort
We see more and more GNU/Linux- or BSD-focused bloggers turning to Gemini
Our Gemini Protocol Support Turns 5 Today
today is a rare anniversary for us
In Today's World, One Must be Tough and Principled to Get Ahead Morally
But not financially (sellouts)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 07, 2026
IRC logs for Saturday, February 07, 2026
The Right Wing in the United States Does Not Support Free Speech, It Supports Its Own Speech
Free speech is often opposed by those who also oppose Free software
IRC is a Lot Better Than Social Control Media (They're Not the Same at All)
A good social analogy for IRC is, there are many buildings with a party in each building
Microsoft 'Open' 'AI' is 'Dead Meat'
Or 0xDEADBEEF as some geeks might call it
When Identifying "Low Performers" and "PIPs" Aren't About Improving Performance But Reinforcing a Clique in Your Company/Organisation
It's very troubling to see once-respectable brands like IBM and institutions like the EPO resorting to this
Slop and Flop (IBM), Slopfarms and Hybrids (Linuxiac)
Did Bobby Borisov assume he would never get caught?
Crowdfunding vs Bitcoins: donations are better investment than digital tulip mania
Reprinted with permission from Daniel Pocock