Bonum Certa Men Certa

Novell's Global Effect on Perception of Software Patents

Dana Gardner has contributed an interesting piece to ECT News Network. In this short article he explains why Microsoft's recent actions do more to defeat its goals, rather than promote them. He also insinuates that, looking at the long term, Novell might be a victim in this highway to the success of GNU/Linux.

If Microsoft is willing to make a legal deal with Novell on Linux, why shouldn't it do the same with the global 2000 customers it sells to? Novell might be gone in a few years, but General Electric will still be around. So will Russia, China, Brazil, India and Massachusetts.

Remember when AOL thought it was doing the world's researchers a big favor and made a boatload of online user behavior data openly available?

Remember the unintended consequences?

It became fairly easy to link up user preference data with some actual identifiable users. Users were upset, AOL looked pretty goofy, and they apologized and back-tracked.

[...]

Well, thanks to Microsoft Latest News about Microsoft CEO Steve Ballmer's recent transparency on his beliefs about Linux and Windows, we have a similar unintended educational consequence in the works.

[...]

According to a recent survey at least partially backed by IBM, Linux has never been more attractive.


Thinking of Novell as a misfortunate sacrifice (a scapegoat even) seems like a misfit. Given all that Novell has gone through, as well as hateful messages from Microsoft, it is evident that Novell simply needed to search its archives and prevent repetition of its mistakes.

The cost of this validation for Linux, as confirmed by IBM and Stuart Cohen, despite the patent FUD---a little bonfire, at which Novell tossed wood---might be Novell's business prospects. As our reader John Schudy points out, even Novell customers gain no real protection from so-called patents.

We are currently seeking more proof that (at least some of) Novell employees acknowledge the need for patent protection. In my short coversation with Miguel de Icaza I was referred to something which, at least to me, sounds like a very bad tune. From de Icaza's blog:

"Not using Mono in any shape or form is not a blank waiver against patents. That means that even if you choose to stick to your beloved C, Python, C++ or anything else, for any new software you write, you are likely to infringe on someone else's patents (or even the same ones that Mono could potentially infringe)."


It sounds to me as though therein lies an admission by a prominent Novell figure that Linux infringes on software patents. If you are aware of a similar stance at Novell, please keep us informed. Novell has attempted to shrug off (or weasel out of) its commitment with Microsoft as far as patents are concerned. Some speculate that this retraction was driven and motivated by public relation needs rather than inherent belief.

Let us not forget that this company has recently been raving about its 'mixed source' strategy. I can recall at least 4 articles which contained this 'pitch', some of which have already been covered in this Web site. And even this morning, an article showed up, wherein that same chorus repeats:

He (Sandeep Menon, director- Linux Business, Novell West Asia) stressed on the company's policy of 'mixed source' saying the vendor is "not puritanical or fanatic" about pushing just one type of technology.

Recent Techrights' Posts

IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
 
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy