Bonum Certa Men Certa

Novell's Software Patents: One Day in OIN, the Next Day in Microsoft Shell

Sea shell - sea life



Summary: Analyses of the impact of Novell's patents, which are now under Microsoft's grip

ONE of the common responses we got when raising concerns about Novell's software patents (which it kept collecting more of) is that they were harmless. We insisted that they can later be used by opponents of GNU/Linux. The trolls and the Novell employees/apologists who commented here were quick to use OIN as Novell's excuse for using developers' valuable time just writing patent applications. Well, guess what? Those developers only helped create some ammunition for Microsoft to threaten or attack GNU/Linux with. It's rather ironic, isn't it? As our reader gnufreex puts it, "Microsoft a[c]quires 882 patents from Novell" and there are no exceptions:



Microsoft acquired all Novell’s patents, through a proxy called CPTN Holdings LLC. From there, patents will probably end up with some Microsoft-loyal trolls like Paul Allen or Nathan Myhrvold, but this is just a guess. What is certain, $450m in cash buys Microsoft a patent gun to scare and extort companies using GNU/Linux. That is their only option, since Windows is fallen far behind and is beyond repair.


This is an embarrassment for OIN because it used to boast having those Novell patents, which now belong to an opponent of OIN. And to all those who love to vilify "Boycott Novell" for stating its opinion on these Novell patents, guess who got the last laugh? We were right all along, despite discouragement to those who chose comfort over reality.

Another site with foresight has been Jason's The Source, which was previously active in the Mono/Moonlight debate with the site Mono-Nono (that was before the FSF joined this voice). "Here is one clueful post from Jason at The-Source," adds gnufreex and to quote:

Novell’s Final Betrayal: 800+ Patents to Microsoft



[...]

… almost precisely as Your Humble Host predicted back in May, Microsoft has organized a thin front organization to pick up whatever pieces they think will be useful against Linux. Novell, as has been standard practice for them since at least 2006, has once again chosen to do whatever is best for Microsoft.

[...]

Business Insider has already captured the deal’s essence in a piece entitled “Today’s Novell Deal Helps Microsoft Continue Linux Fight“:
The deal helps Microsoft in its decade-long fight against open-source operating system Linux in two ways.

First, it keeps a Microsoft competitor from buying Novell’s SUSE Linux implementation. VMWare was looking at buying SUSE so it could sell a top-to-bottom software stack that would compete directly against Microsoft’s Windows Server and its built-in virtualization technology. This was a major fear in Microsoft’s server group, according to my sources there.

Second, although the companies didn’t say exactly what patents were included, it seems likely that some of them are related to SUSE Linux. If so, these patents will give Microsoft further ammunition to sign cross-licensing deals with companies that sell other products based on Linux. And those licensing deals will continue to raise questions in the mind of potential Linux customers.
Please note Business Insider is not some “freetard” blog. This is rational, business-oriented analysis. Remember that as Team Apologista winds up the spin and attempts to downplay the traitorous nature of this odious deal: the Patent Purchase Agreement portion of this deal is 100% beneficial to Microsoft in its fight against Linux. It strengthens Microsoft’s claims that it owns so-called “Intellectual Property” that entitles Microsoft to demand licensing fees or other tribute in order for someone to run Linux.

Also note there are almost certainly other technologies and/or markets that Microsoft hopes to gain leverage in with these patents – but the essence is how much it bolsters Microsoft’s war chest against Linux. Don’t be distracted by claims that Microsoft has its eye on some other technology (ala Platespin). True as a side benefit, perhaps, but the real importance to Microsoft is – and has always been: to kill Linux, and, failing that, to hinder adoption of Linux, and, failing that, to require payment for the privilege of running Linux.

[...]

What happens to any OIN patents? My impression is that the OIN “owns” the patents, so I don’t expect any change in those patents, but it would be re-assuring to confirm that.


The rest of Jason's analysis is also excellent, so do have a look.

Comments

Recent Techrights' Posts

GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
 
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true