Bonum Certa Men Certa

Novell Under the (Microsoft) Bridge

Novell rolling, rocking, and bridge-building

A reader has sent us a pointer to this new article from Glyn Moody at Linux Journal. The article described just what Microsoft intends to achieve using its deal with Novell and why many software developers get exploited in the process. It's all self-explanatory really, but here is the 'meat' of the argument which speaks about Brad Smith's explanation of the Novell deal (shades of OSBC again [1, 2, 3, 4, 5, 6, 7]):

...as well as all the respect and appreciation that Brad wanted to express, he also has an interesting explanation of Microsoft's current world-view:



we believe in the importance of building a bridge that makes it possible for the different parts of our industry to work together. We believe it needs to be a bridge that respects the diversity of different business models. We believe in a bridge that is scalable, that is affordable, that is workable, and that doesn't try to move people from one island over the bridge to another but let’s everybody do what they love to do and respects that.

Live and let live: what could be more reasonable?

But let's listen to Brad again as he explains what that means in practical terms:

That is a hard bridge to build, and yet I will say I believe today more than ever that it is a bridge we need to build. And I very much value the work and the conversations we were able to have at Novell when we started to build that bridge in November of 2006.

Ah, Novell. And what lies at the heart of that joint bridge-building with Novell?

we believe that patents are best sorted out by industry leaders so that developers and customers don't have to deal with these issues themselves. We as industry leaders should take it upon ourselves to sort these things out.

When we worked things out with Novell, we did it with an eye towards succeeding in ensuring that the developers who were creating the software for Novell would not have to worry about this set of things, nor would their customers.

So there we have it. You shouldn't worry about those silly old software patents because Microsoft and Novell have sorted everything out for you: all you have to do is carry on coding.

Except that it's not quite that simple. Microsoft's vision of “live and let live” is predicated on its continuing use of software patents, and of the open source side letting Microsoft and Novell handle all the tiresome implications for open source. In effect, though, this amounts to recognising Microsoft's patents, and accepting its “solutions” for the open source community. “Live and let live” turns out to be tantamount to accepting Microsoft's right to file, own and use software patents, which, in its turn, means accepting they apply to the open source world.



This "live and let live" promise surely excludes all those whose wallet hasn't the Microsoft strings attached to it? Although the author does not say this directly and explicitly, it seems evident that he condemns this deal and suggests that we continue to combat software patents. Here is how it's summarised and concluded:

Above all, it will send a message to the company that the open source world is not falling for the old “embrace, extend and extinguish” trick, and that if Microsoft really wants collaborate, "live and let live" is simply not enough, because of the asymmetric bargain it implies. As a basic pre-condition of working together with open source, the company needs to accept free software's absolute foundation – the ability to share all its code in any way and with anyone – and that, by definition, means no software patents whatsoever.


Microsoft will most likely hope to find comfort in precedence (Novell's blessings), resting in its government-imposed monopolies, to use Richard Stallman's description of software patents.

Interestingly enough, going as much as a decade back, you can find a similar term being used to describe this, namely a "government-granted authority." Whatever term gets used, it's always interesting to associate it with the context, antitrust action in this case.

...the federal government of the United States of America has intervened in the free market by granting Microsoft a legal monopoly through the patent and copyright processes. On numerous occasions, agents of the U.S. Department of Justice -- the same DOJ that right now is taking shots at Microsoft in the courtroom -- has intervened to arrest and penalize businessmen who attempted to ignore the federally-created right known as intellectual property. This right is a federally-mandated fiction, not a process of the free market. Copyrights were not invented by business, but by the government, who grants them and enforces them as a form of federally-sponsored monopoly.

Since Microsoft's economic and intellectual property derive directly from government-granted authority, it is only reasonable for governments to have the power to review and modify how the beneficiaries of their shared power use that authority. Antitrust is one means by which governments attempt to reel in some of the power they delegated to companies and individuals.


It is rather ironic that the same establishment that grants monopolies is also the only means for undoing and regulating them. It's like asking a gun shop to enforce the law in a barbaric nation. Something more effective will be needed to encourage fair competition which serves the customer. As things stand, Novell and Microsoft override laws proactively, using deals and deeds.

Novell coupons warning

Recent Techrights' Posts

A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Several Webhosts (in Collaboration and Conjunction With Mentally-Ill Flunkies)
Every attempt to nuke the current hosting failed, but it's still worth noting
Google: We Don't Have Source Diversity, But We Have Chatbot Spew in Place of Sources (and It's Not Even Accurate)
Search engines and news search never looked this bad...
[Meme] Security is Not a Failure to Boot (or Illusion of Security Due to 'Unknown' System)
Red Hat is largely responsible for this mess
What is Secure Boot?
Security means the user feels safe and secure - i.e. confident that the machine would continue to work following a reboot or a system upgrade (or kernel upgrade)
Links 27/05/2024: Chatbots Generate Hateful Output, TPM Performance Scrutinised
Links for the day
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
 
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
[Meme] Elephant in the Asian Room
With ChromeOS included GNU/Linux is at 6% across Asia
GNU/Linux in Bangladesh Up From 0.5% to Over 4% (Windows Slid From 95% to 18%)
Bangladesh is one of the world's most densely-populated countries
Links 27/05/2024: One Month Left for ICQ, More Openwashing Highlighted
Links for the day
Gemini Links 27/05/2024: Back to GNU/Linux, Librem 5 Assessed
Links for the day
StatCounter (or statCounter) Has Mostly Recovered From a Day's Downtime (Malfunction)
Some of the material we've published based on the statCounter datasets truly annoys Microsofters
StatCounter (or statCounter) Has Been Broken for Nearly 24 Hours. Who Benefits? Microsoft.
StatCounter is broken right now and has been broken for nearly 24 hours already
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Old "Tweets"
This was basically an act of vandalism no better and no worse than UEFI restricted boot
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024