Bonum Certa Men Certa

Exploring Novell's Passing of Software Patents to Microsoft - Now Reported to The Competition Authorities

Novell on floor



Summary: Novell's assistance to Microsoft with a patent sale is reported to the German Federal Cartel Office as Groklaw seemingly expresses deep regrets

NOVELL has been called "community rat" by Groklaw and even the mobbyists are noting this. It is depressing to some that Novell did what it did, but it is not surprising to us. If anything, this justifies what we did to weaken Novell over the years, thus limiting the inevitable damage. Some people like Gary Richmond at Free Software Magazine opine that Microsoft may have been behind pushing Novell to sell, and even to sell its patents separately to Microsoft's consortium (a nice trick by which to avoid antitrust scrutiny as we explained at the time).



Did Microsoft fund this purchase? They have big pockets, pockets big enough to pay the fines imposed in anti-trust cases (although it perhaps should be added that some of the money may be coming from Elliot Associates LP, a hedge fund and major shareholder in Novell). If Microsoft is the financial backer though in this deal it would make sense not to make a direct purchase but to use Attachmate as a proxy to disguise the fact—issues about intellectual property notwithstanding. I wonder if that is the reason companies like Red Hat and Google didn’t step in to buy Novell, especially Google. 2.2 billion is a lot of money but to Google that’s the kind of small change that gets lost down the back of their office sofa and isn’t even worth looking for.

Speaking of Google and their mantra of “do no evil”, is that merely a passive aspiration or should it include or be extended to an imperative “prevent evil from happening”? In other words, should Google have stepped in as a spoil tactic to thwart Microsoft, if only to block them in the same way that a large retail chain will buy up land, not to develop it itself but to prevent their rivals from getting it?

[...]

The free software community has been through this sort of stuff before and eventually saw off SCO and its ilk, so I’m not too concerned at this deal. Yet, you don’t have to be paranoid to be unsettled by any deal that smells of Microsoft. Their track record does not inspire confidence. Don’t listen to what they say. Look at what they do and remind yourself that Microsoft is a money machine and little less. It fits perfectly the description someone made of Goldman Sachs (you know, the ones who helped to bring you the sub-prime crisis):
A great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money
In the light of previous legal fracas, FOSS has developed resources to deal with many eventualities and this is just another one in the seemingly endless battle with patent licenses and necrotic, proprietary behemoths like Microsoft. Still, we’ll all be watching events unfold with a wary eye.

STOP PRESS

Just as I was about to wrap up this article and put it to bed, other wary legal eyes have been poring over the fine detail of the deal. The most important point to emerge from a legal analysis by Andrew Updegrove is that it involves cross licensing all the patents and patent applications—not just the 882 and if the the Attachmate deal fails but the CPTN one goes through this apparently would mean that Novell could only continue in business if it licensed all of its licenses to CPTN. That might not lead to a rerun of the SCO farce but it gives Microsoft royalties leverage.


Tiemann from Red Hat (and OSI) writes: [see LWN discussion]

OSI asks German Federal Cartel Office to investigate CPTN transaction



[...]

The fact that Microsoft was leading the takeover of Novell’s patents was itself alarming to the open source community, but when it was revealed that Microsoft had recruited Oracle, Apple, and EMC to be co-owners of the patents, the OSI Board felt compelled to request that competition authorities take a closer look at the proposed transaction. We found that the German Federal Cartel Office was open to receive comments from the public about this transaction during the month of December, and so we drafted and sent a letter (see attached), outlining our concerns and requesting that they investigate this transaction thoroughly. We have received an acknowledgement of receipt by the department in charge, and we stand ready to offer any additional assistance that may be required by investigators should they ask for such help.


Groklaw's editor is meanwhile demoralised as we noted some days ago [1, 2, 3]. It realised that it had probably helped Novell in vain and Carla Schroder motivates Pamela Jones to carry on:

Dear PJ: Please Don't Quit Groklaw



[...]

The biggest reason for PJ to continue with Groklaw is because the truth matters. The outcome of Novell vs. SCO had consequences larger than either company, and Groklaw helped the truth to prevail. Groklaw shed light into a lot of dark mucky corners, and exposed a huge number of outright lies. Did Darl McBride ever utter a word about the case that wasn't nonsense? Would he have had more credibility without Groklaw tirelessly poking holes in every one of his whoppers? Would we have known he was little more than cannon fodder, the public buffoon face for the real movers and shakers behind the lawsuits?

There have been a number of news stories recently, in typical thoughtless herdbeast fashion, about the decline of Microsoft and how open source has won. Sorry, but it's not so. Microsoft never stopped with their dirty tricks, and the fundamental, necessary concepts of freedom, software freedom, transparency, privacy, open standards, and truth are under attack on more fronts than ever. Never ever forget that for the predators of big business it's always about money and power. Always. Never forget that for these, short-term interests always trump long-term, and that rationalizations trump rationality. Never underestimate how cheaply some people will sell out for. Never underestimate the power of justifications and willful blindness for the most heinous actions. Never forget that some people would rather lie even when the truth benefits them more. And never make the mistake of assuming that businesspeople are smart just because they run big businesses. Pushy and amoral are enough to take an ambitious person far.

We need Groklaw, and the Electronic Frontier Foundation, and the Free Software Foundation, and the Software Freedom Conservancy, and the Standards Blog, and Open Invention Network, and all of the many related groups that look out for our interests. They're more important than ever not only as activists, but as news publishers. The news industry has taken a terrible beating and we have only a tiny remnant of a truly independent tech news press. Which was never very large to begin with.


A lot of people do not know this, but Jones pondered quitting before. We are glad she didn't. Groklaw is a valuable asset to the Free software community and judging by inactivity that characterised Jones' absence some years ago (Peter/Mathfox took over temporarily and he is no longer around), without Jones there is no Groklaw, at least not as a site that actively delivers new analytical articles. ⬆

Recent Techrights' Posts

81% Voted in Favour of EPO Strikes Until End of This Year
Who's in the line of succession at EPO?
EPO Strikes Will Carry on Until End of This Year (as We Predicted), Will Likely Continue Next Year/s
Do we still have media in Europe?
Today The Register MS Published "SPONSORED POST" Paid for by the Communist Party of China, It Mentions "AI" 19 Times
The Register MS is a marketing company
 
Articles in The Register MS Composed by Employees of the Companies They're About
The Register MS is the place to be
Intercontinental Brigading - Part IX - Swatting is Not Funny, Swatting is a Murder Attempt
“Swatting is not harmless. It is a serious crime that can lead to dangerous situations and divert law enforcement away from someone facing an actual emergency. What callers may believe to be a ‘joke’ actually risks the public safety of our communities and can carry lifelong consequences for those responsible”
Links 20/10/2026: Facebook Scraping and Plagiarising News Sites, Copyright Act Turns 50
Links for the day
Microsoft's XBox Leadership and Strategy is Slop
XBox sales are already worst in the entire history of XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 19, 2026
IRC logs for Monday, October 19, 2026
Gemini Links 20/10/2026: Old Movies, Bandera Hike, and Mongolian
Links for the day
Techrights Search One Year Later
This year, as we turn 20 in just over 2 weeks, we'll have more surprises and enhancements
'Cocaine King' Campinos Doesn't Have Sufficient Votes to Carry On Unchallenged, But He Has 2 More Months to Bribe Voters With 'Cooperation Money'
In any democratic, functioning institution they would not even ask if he can continue another term; he would be summarily sacked and investigated over the corruption, the cocaine, the racism and so on
Media 'Blackout' About Microsoft-Danfoss Connection After Almost 1,000 Supermarkets in France Get Cracked, Huge Amount of Food Destroyed
someone deployed malware to fridges
In Late October 2025 Spouse of Matthew Garrett Said He Had Them Raped and Broke Legs of Puppies, This Week Says He "Doesn’t Know How to Use Computers or Power Tools" (He Studied Genetics, Not Computers)
Harvey Weinstein did the same
Microsoft is Paying Many Workers to Leave the Company This Year, Just Don't Call it "Layoffs"
in some cases Microsoft pays people to leave while calling it "voluntary"
Gemini Links 19/10/2026: Orchids, Reducing GAFAM Reliance, and Deploying on OpenBSD
Links for the day
Links 19/10/2026: Intense Protests in France and "Zelenskyy Says Russia Seeking Blackout In Ukraine"
Links for the day
Intercontinental Brigading - Part VIII - How We Convinced British Police That the Americans Were Just Manipulating and Tricking Them at the Expense of British Taxpayers
Their job is to protect communities, not the feelings of Americans who threaten violence
IBM CEO Boasts to the Media About "AI" Momentum While Sacking His Workers Who Worked On It
Recently, IBM took a bailout and got rid of many workers
Corrupt Media Benefits Corrupt Officials (the Case of IBM)
IBM’s Pre-Earnings Publicity Blitz
Links 19/10/2026: "Investors Disturbed by Anthropic's Financial Data" and "The "Dead Internet" Is Here" (Slop and Bots Running on Huge Debt)
Links for the day
Gemini Links 19/10/2026: ICEYE/SAR, Smol Servers, and Starting an Open Access Journal
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 18, 2026
IRC logs for Sunday, October 18, 2026
Gemini Links 18/10/2026: Hobbies, RAM Prices, and Avoiding GAFAM
Links for the day
Intercontinental Brigading - Part VII - Weekend Abuse Reported to British Police (Rogue Actors Take No Breaks)
Some time in the next few days I'll share an elaborate report
Gemini Links 18/10/2026: Hospitals, Literature, Fixed IP Addresses, and Sunday Types
Links for the day
Links 18/10/2026: Brazil Reduces Deforestation, Some 4-5 Gray's Inn Square Scandals in Insolvency Petition of Reform UK
Links for the day
UbuntuBuzz is LLM Slop
Tragic
"Assisted by NSA" and "It's Just a Tool" (So Fine!)
Free software is meant to be produced by people who value and pursue Software Freedom
Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026