Bonum Certa Men Certa

Novell's Patents Will Harm GNU/Linux, Proving That Everyone's Software Patents Are Bad

Wakeup call for OSI, ISO, and OIN

Fallout shelter



Summary: The Microsoft-bent proprietary software company, Novell, is becoming a huge liability, helping to prove that so-called 'defensive' patents in the hands of Red Hat or Google are not acceptable, either; Nokia too is becoming a patent problem after Microsoft's intervention

"Boycott Novell" was right about Novell. Those who disagree would probably scramble to find supportive evidence/reasons. There is an ongoing debate about whether or not defending one's patents can constitute being against software patents as a whole. As we noted the other day, Novell is now providing Microsoft with yet more ammunition with which to attack Linux, and this time it's about patent sales. Novell ceased to be the reformed company it once claimed to be. It also turns Free/libre software into proprietary software, which is all it seems to be doing these days/this week [1, 2, 3].



Those who defend "defensive" patents (like Red Hat's and maybe Google soon) ought to remember that Novell too used to pretend that its patents -- including newly-filed-for software patents -- were intended to "protect" the open source community (e.g. via OIN). Well, it turns out to be the very opposite of the truth because according to Microsoft booster Gavin Clarke, Microsoft is likely to get Novell's patents very soon. It's not just Microsoft actually; Novell patents will land at the hands of several who are Linux-hostile, including:

While it is not known what particular patents Apple and Oracle are getting, Tiemann based his fears on the companies' recent actions and statements.

Oracle, for instance, has sued Google, claiming that Android violates its Java patents. "Oracle's prior actions suggest that Oracle may be planning to create a dominant position in Mobile at Google's expense," Tiemann said.

Meanwhile, Steve Jobs has threatened to "go after" Ogg Theora and other open source video codecs. "It seems plausible that Apple's most credible competitor in the mobile market, Android, would be vulnerable to challenge by the patents involved in the CPTN-transaction," Tiemann said.

Tiemann's statement was a response to a disclosure from Germany's Federal Cartel Office (FCO) that Microsoft and EMC have made additional statements about what they intend to do with the patents. Microsoft plans to return the patents its buys from Novell back to Attachmate, Novell's new owner, and merely license the portfolio. EMC says that its share of the patents will not relate to virtualization. EMC owns VMware.


More at The H:

A consortium made up of Apple, EMC, Microsoft and Oracle which planned to purchase 882 Novell patents, following Novell's takeover by Attachmate, has altered its strategy in order to defuse anti-trust concerns. According to the Open Source Initiative (OSI), the consortium will only exist for a further three months with the aim of dividing the Novell patents up between its members. All four members will be granted licenses for all of the patents. Microsoft is reported to have undertaken to sell its patents back to Attachmate and retain only the right to use the technologies protected by the patents. Similarly, VMware parent EMC is reported to have agreed not to acquire any of the patents relating to virtualisation.


Here is the original message from the OSI (Red Hat's staff included):

Towards the end of March, we received a message from the German Bundeskartellamt (Federal Cartel Office or FCO) advising us that the CPTN transaction had been re-notified to them. That means that the consortium seeking to acquire Novell's patent portfolio - Microsoft, Apple, EMC and Oracle - had once again asked for permission to proceed.

OSI Concerns Heeded

Notably, the terms of the transaction seem to have been significantly changed, apparently in response to concerns like the ones OSI expressed at the start of the year. OSI is very pleased that the FCO has been clear about the transaction with CPTN and congratulates them on continuing to consider the overall health of the evolving software market and not just the concerns of the existing dominant players.

Here is a non-expert summary of the differences (summarised with permission from the FCO):

* CPTN will now only exist for long enough to distribute the shares equally among the participants in the transaction (no more than three months), and thus will not form a new long-term patent troll itself. * All parties to the transaction will retain a license to the full Novell patent portfolio, thus immunising themselves from patent actions with the shares they do not hold. * Microsoft will sell its 25% share of the patents on to Attachmate and retain only a license to the portfolio. * EMC will ensure that the 31 patents it has determined relate to virtualisation are not among the 25% share it acquires. * All patents will still be subject to all existing licenses, covenants not to sue and similar restrictions.

OSI Still Concerned

The FCO went on to ask OSI for its views on the revised transaction.


Microsoft boosters like Microsoft Florian are already playing along with the CPTN, breeding fear of legitimising this anti-competitive and Linux-hostile move. Microsoft is trying to use patent portfolios to ensure it gets paid no matter whose products are sold and the situation is made worse as Microsoft is likely to use its Elop-run Nokia as a litigation machine (led by Elop after Microsoft gave him some blessings, sent him to Nokia, and made him richer with Microsoft stockpiles). See the article "Patent Lawsuits Are Key Battleground for Nokia":

Nokia's recent legal actions against Apple underline how patent infringement lawsuits have become a key competitive strategy for mobile phone makers, especially as software escalates in importance in the smartphone market.


To twist Steve Ballmer's words, "Microsoft is a cancer that attaches itself in an intellectual property sense to everything it touches." This includes Nokia and Novell. Their patents end up in hostile hands, just like Sun's.

Patents are the nuclear option. The difference is, patents cannot be converted into energy (well, unless the papers are put in the fireplace).

Comments

Recent Techrights' Posts

Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day