“It would also be in Novell's interest if Microsoft started suing other Linux distributors like Red Hat.”Some hours ago a reader wrote to say: "The 'do not sue' promise is only for Novell's paying customers. That means the others do not get access to all the patented stuff. It would also be in Novell's interest if Microsoft started suing other Linux distributors like Red Hat. That way, large corporate users of Linux will run to safety in the Novell IP-protected safe harbour. See, that's where the real money is."
A few days ago we showed that Microsoft hasn't softened its hard stance against GNU/Linux. This was made explicit, based on the latest word from Microsoft's lawyers and the recent talk from Brad Smith. IT Pro has just published this article about the use of patent terrorism techniques in the fight against real innovation.
Patents and how they're controlled are damaging the way technology is developed - and the Linux case is a key example of this.
[...]
Litigation as a mode of business is fashionable in the current climate, but offers little or nothing of benefit to users or developers. Authorial copyrights in the US have been extended to 70 years after the author's death. The law that made this possible, the Sonny Bono Copyright Term Extension Act, was passed in 1998. Patent law, meanwhile, increasingly protects the interests of the powerful, encroaches upon notions of innovation and freedom to operate, and is used to inhibit competition. Both are in critical need of reform.
“What's in it for Novell? Some more contracts and about a third of a billion dollars in immediate rewards.”It's almost as though Novell chose to lose in court (staging a defeat, or "taking a dive", to use boxing terminology) and then voluntarily pay Microsoft some royalties. What's in it for Novell? Some more contracts and about a third of a billion dollars in immediate rewards.
In short, Novell sold us out when it possibly ran short of cash and almost got kicked off the NASDAQ. In exchange for Microsoft's bribe generous incentives, Novell also decided to inject some more software patent poison into GNU/Linux , thus fulfilling the prophecy it had initially fell for (and was paid to fulfill with Mono, Moonlight, OOXML translators, and other junk code which is encumbered by Microsoft patents).
Anyway, here is what Dana said:
They have signed innumerable contracts based on the claims, contracts which assume the truth of the claims, and caused the production of products whose chief selling point is that their makers admit the legitimacy of the claims.
Microsoft seems in no hurry to change the status quo. They are not going to put up, in the form of a lawsuit. They are not going to shut up, either, given the commercial advantages they have created.
Comments
self_liar
2008-05-23 05:50:07
Roy Schestowitz
2008-05-23 06:10:51
self_liar
2008-05-23 06:27:38
ZiggyFish
2008-05-23 08:23:15
Roy Schestowitz
2008-05-23 08:25:35
ZiggyFish
2008-05-23 08:36:42
I'm not a lawyer, but AFAIK, there is a law that has to do with public discrimination (the FUD campaign). Which is what Microsoft is doing to Linux. Also we have the EU that will say something when they decide to take it to court. Their already on Microsoft's back about the ODF implementation.
ZiggyFish
2008-05-23 08:38:19
AlexH
2008-05-23 09:22:26
In general, you don't need to have invented/written/created something to be sued over patent infringement. If Red Hat distribute Mono, and Microsoft decide they think Mono infringes one of their patents, they are quite within their rights to sue Red Hat.
Of course, if they do that, then Novell/OIN must counter-sue Microsoft and stuff gets interesting ;)
Roy Schestowitz
2008-05-23 09:36:52
Yes, it applies in Germany. I can find you the relevant Web page (in German) if you are interested.
Alex is right on this one.
gggggg
2008-05-23 17:42:50
They can sue anyone: a user, a distributor, seller it doesn't mind. It's fair game. A round of applause to the close minded individuals that write laws...
And if they are knowingly infringing it's worse: read this from "http://www.air2water.net/legal.html"
"Contributory infringement can be committed by knowingly selling or supplying an item for which the only use is in connection with a patented invention. Good faith or ignorance is no defense for direct infringement, but it can be for indirect or contributory infringement.
Knowingly infringing on a patented his willful infringement and subject of triple damages and legal fees and maybe punitive damages."
Microsoft has put everyone on notice: the only safe place is "Novell/Microsoft". Please thank Novell for this.
Microsoft will sooner or later buy/merge with Novell. This is a thing that many inside Novell want from Ron to Miguel.
I just want to see how the developers will react. Will contribute to something that only Micronell can safely "sell". Will they fall for the "non-commercial/hobbyist developer".
Roy Schestowitz
2008-05-24 00:24:38
stevetheFLY
2008-05-24 21:52:32
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stevetheFLY
2008-05-24 21:56:05
At www.distrowatch.com openSUSE now ranks second behind Ubuntu. Not bad. Fedora ranks 4th.
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