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

IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
 
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day