Bonum Certa Men Certa

How Microsoft Used Novell to Stifle the Samba Case in the EU

Novell: Microsoft's best friend and Samba/EU's foe?

A reader has just brought to our attention some interesting quotes from an interview that we mentioned earlier. Here are the bits worth highlighting, with special emphasis (in red) on the role of Novell and Jeremy Allison, whom we interviewed in the past:




Carlo piana from the interview at LinuxWorld:

Q) Who are the people from free software community in this process and what was their role?

A) I have already mentioned Tridgell, whom many of the readers should know already. He is the founder and the leading developer of Samba. But also from the Samba team, two more people deserve high praises. The first is Jeremy Allison. Jeremy had a very important role first in the administrative proceedings, convincing the Commission to pass the Decision. Then in the interim case he also appeared in court ad made a big show. Unfortunately, after the interim, he was recruited by Novell which, shortly thereafter, entered into a settlement with Microsoft and pulled off the case. The settlement also prohibited any employees of Novell to cooperate with the case (and especially with us), which shows how negative to justice this sort of agreement could be. Nonetheless, as an Italian saying goes, not all bad things come to harm. We had the opportunity to bring Tridgell into the case, and I can hardly say who is more effective.


Some other excerpts of the interview are very clarifying as well, as highlighted by Groklaw's News Picks:

Q: Was there some problematic behavior from MS that you noticed during the processes? Some non-official information says that MS spent 3.6 billion dollars on several actions related to this case. Any comment?

Piana: That was another arm of Microsoft strategy. Divide et impera.

It all started with Sun, the initial complainant. It received quite a treat to jump off the case, something in the range of two billion dollars. That was even before the court case started. The same happened later with Novell and CCIA, shortly after the "interim measure" case, during fall 2004. Notably, it was before the President issued the final order in that part of the case. And it happened again shortly before the main hearing last year, with Real Networks. That was even sleazier, because it had as a consequence that all the written documents submitted by Real as pleadings and evidence were taken off the court file. At that point the written phase was over and the evidence we were relying upon disappeared. I don't know what is the final figure of this, but surely is over 3 billion dollars, in cash or services....

Q: How do you comment on the latest 899-million-euro fine?

Piana: Microsoft's claim that the fine is from old issues, now resolved, is not entirely accurate. See what they are doing with the OOXML process, where instead of merging two standards for the same realm of application, they insist quite peculiarly in pushing for approval of a second international standard. And with a fast track procedure, when there have been thousands of comments in the voting process pointing out tons of very substantial shortcomings.


You can hopefully see the degree of manipulation and Novell's role in it. Carlos mentions the illusion that the case is over. Microsoft sure like to prematurely/falsely declare such cases as dismissed, but as we showed in a digest just moments ago, Opera indicates that its case is not over. Always beware the spin. IE8 is one heck of a spin!

We previously showed how Microsoft uses Novell as a tool in Europe. Examples include:

  1. What About the EC Ruling?
  2. Novell's Role in a Microsoft Crusade Against Genuine Open Source Software
  3. Novell's Role in Microsoft's New Battle with the EU
  4. The Samba Project Still Affected by the Novell/Microsoft Deal
  5. Novell is not the next SCO, Microsoft is.
  6. Interoperability Mockery in Europe - Microsoft Dumps 30,000 Pages of Text
  7. Novell's Role in Hurting Samba and Free Interoperability


Is Europe still buying from MicrosoftNovell? ⬆

MS Novell

Recent Techrights' Posts

Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
Gemini Links 24/10/2026: Arch Linux Journey and Amin Bandali's Priorities
Links for the day
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026