Bonum Certa Men Certa

Patents: Novell Clarifies While Microsoft Antagonises

Novell has updated its PR blog to counter what it believes to be a case of misinterpretation.

A number of articles about the filings indicate incorrectly that we are excluding OpenOffice from the covenant not to sue under the patent cooperation agreement. That's not the case. This confusion likely stems from language in the agreements around a "grandfather clause" for certain products. The covenants Microsoft and Novell make to each other's customers relate to 'Covered Products.' Some products with certain characteristics - known as 'Excluded Products' - do not qualify as Covered Products, and thus are not covered by these covenants. Certain products available before November 2, 2006, however, are automatically covered under these covenants, regardless of whether or not they have the characteristics of an 'Excluded Product'. The reference in the patent cooperation agreement to OpenOffice simply means that it does not qualify for this automatic coverage. It does not mean it is not covered by the covenants. As we jointly stated with Microsoft in November, OpenOffice is covered under the patent cooperation agreement.


Elsewhere on the Web, there are various discussions that revolve around software patents and their effectiveness (or lack thereof). Here is a roundup that contains a few.

The Los Angeles Times seems to suggest that Microsoft is faced with a lose-lose situation. The only gain may be coming from the ability to instill fear in the mind of the prospective customer, which still weighs Free software options.

Is Microsoft fighting a losing battle? That's the question posed by an op-ed piece in today's Los Angeles Times. Maybe so, the writer concludes...

As the LA Times piece points out, whether Microsoft litigates the issues or not, the patent dispute with open source may well result in even fewer patent restrictions industry-wide than currently exist. But given that the trend toward open source and open standards shows no signs of slacking, that's not necessarily bad.


Another op-ed from eWeek concurs entirely, at least on the issue of inevitability.

When Microsoft representatives state that everyone must play by the same rules, as they often have during recent months, what the company means is that the business and technological realities under which they've built their empire shouldn't be allowed to change. However, just as the appeal of decentralized solar power will, once technologically feasible, prove irresistible, so too will the tide of free software that's already begun rolling in prove too powerful to turn back.


RedMonk explains why the approach taken by IBM is the correct one. This implicitly suggests that Microsoft is making a big mistake.

In the wake of Microsoft's deplorable patent commentary, I've had the opportunity to speak with a couple of vendors on the subject of software patents.

[...]

All things considered, of course, I'd prefer that software vendors take a stance that's cognizant of the fundmental cracks in the foundation of our patent system. But if for whatever the reason, that's not viable, I'd recommend they do the next best thing: don't say anything at all. It seems to work fairly well for Big Blue.


Having made this mistake, Microsoft continues to put a spin on the recent developments.

Microsoft does not believe there is an inherent contradiction between its recent statements that free and open-source software infringes on 235 of its patents, and the veiled legal threats that go along with that, and its attempts to reach out and build bridges with the open-source community.


Of course, Microsoft understands that interoperability which is based on taxation is absurd, but it stifles the rivals' progress, assuming Linux vendors do not have extensive patent portfolios or plenty of money to spare. It's just part of that same old manipulative agenda, which a quick look at Microsoft's so-called 'Open Source' licence pretty much aligns with.

The [MSPL] Patent Poison Pill

What happens if you file a claim regarding a patent implemented in the work? The MSPL section 3B says:

That is, if you initiate legal action against any contributor to the work regarding a patent which the work may infringe, your right to the patents of that contributor (under this agreement) go away.

[...]

With a patent protection clause as anemic as MSPL 3B, I wonder why even bother adding it to the license. Though I don't really believe it's this useless as part of some sinister master plan, I think it demonstrates that Microsoft still doesn't understand that there's no distinction, in terms of our licenses, in the FOSS world between users, contributors, and companies.


For that matter, Apple is no angel either, but for slightly different reasons.

There is a cost for not being a good Open Source citizen and that cost is loss of goodwill in the community. That loss is more expensive in the long run than Apple realizes.

Recent Techrights' Posts

Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
 
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to