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

Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
 
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026
Don the Con Meets the Conman From IBM, Shares of IBM Continue Sliding Some More
The "Quantum" hype did not last long [...] PIPs are the new layoffs
Retaliatory Whistleblowing Expected at Microsoft During or After the Mass Layoffs
Retaliatory behaviour by Microsoft will backfire
Gemini Links 24/06/2026: Heatwave, Steam Next Fest, and Year of Buying Guitar Pedals
Links for the day
Links 24/06/2026: China Tops "TOP500", Impact of Microsoft’s Massive Layoffs Extends Further, Internet Society's Community Snapshot
Links for the day
While Thousands at IBM Lose Their Jobs ("Silent Layoffs") IBM's CEO Goes Begging the Dictator for Bailouts, Based on Deliberate Lies About "Quantum"
Many who claim to be retiring are only in their 40s and 50s. They're too proud to publicly admit what IBM did to them.
European Patent Office (EPO) Series: London Calling...
EPO Vice-President in charge of the "Patent Granting Process" is likely to have been a pay-off for the support which the UK gave to Campinos in 2017
Faking Productivity With Slop and Wasting Money on Faking 'Productivity': A Microsoft Story
If the quality of everything at Microsoft goes down
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day