Bonum Certa Men Certa

Novell Could be Lying to Investors, Still Depends on Microsoft

Novell's financial issues are a subject we have been exploring once again earlier this week. Primarily, past allegations of fraud and other scandals were looked at retrospectively, going months or years back in time to pinpoint events predating the deal with Microsoft. Prior to this, we also saw room for deception and admission of book-cooking.



Groklaw has just done another article which studies Novell's very latest report. To its investors, there is room left for doubt and plenty to be desired. There are inconsistencies. The post is long, but here is a portion of it.

As an investor, I want to consider all possibilities, which means having all material facts available. If I am missing material pieces, it's just guessing. I read conflicting reports about the deal, and I have no way to know which is true. You would need details. For example, we read that Microsoft bought certificates, for which it paid Novell now. So it looks like Novell just made $100 million. But once the vouchers are obtained by customers, then Microsoft gets some of the money the customer pays for the services and support, I'm thinking, or why would they do it? So exactly what is the figure that Novell really gets in the end? I have no idea, and I have no way to find out, unless they file the agreement with the SEC and let me read it.

So, what are the regulations? I had no idea, so I went to look. I hoped to be able to do some research and get a firm understanding, but the truth is, this is a subject that is, for starters, a little squishy in the wording of the regulation and a deep enough subject that lawyers and accountants who specialize in such matters go to conferences to try to keep up with latest developments in this area of speciality, so the odds of me figuring it all out in a couple of days are somewhere between slim to none. So I'll just show you the regulation, and the exception, and let those who understand all this better than I do figure out the answer to my question: why doesn't Novell have to reveal the terms of this agreement in a filing with the SEC? Or Microsoft? I may not know the answer, but I know it's the right question.


There was more relevant material in the news yesterday. According to John Dragoon, Novell continues to bleed cash on SLED, which is defeated by Free (libre and gratis) GNU/Linux distributions such as Ubuntu and PCLinuxOS.

Novell is losing money in the desktop Linux market, but those desktop deals are driving big wins in the server arena, according to Senior VP and Chief Marketing Officer John Dragoon.


One might wonder just how, despite Novell's losses in this area, the company is bragging to its investors. There is room for manipulation that we covered here before.

All that Novell has left now are those cash infusions, which are granted in exchange for favours.Novell sold out and became the vassal of Microsoft. Activities continue to revolve around .NET (or Mono), which makes Microsoft very pleased, not threatened.

.Net evangelist praises Mono for Linux



[...]

Prior to joining Microsoft about a year ago, Hansleman spent 15 years building banking systems and lived through the Web 1.0 bubble.


If Microsoft thinks Mono for GNU/Linux is good, then it must be advocating defeat for Windows, right? Or is this a trap, which also hurts Java et al along the way?

Another interesting discussion about Novell has been going on at Linux Today where GreyGeek wrote:

The agreement divided FOSS contributors into two groups: those whose contributions made it into Novell's commercial version of SUSE, and the rest of the FOSS community regardless of which distros they contribute to. The first group was proclaimed free from the threat of a Microsoft lawsuit. The second group is under the threat of a Microsoft lawsuit regardless of which distro they contribute too, even if they contribute to openSUSE but Novell doesn't add their contribution to SLES. However, the MAJOR thing Microsoft got out of this deal, AND FOR WHICH they paid Novell about a half a BILLION dollars, is a SIGNED agreement by Hovsepian that "Linux" (i.e., every distro on the planet) contains Microsoft IP, and for which Novell is paying Microsoft a ROYALTY on each and every copy of SLES that it sells. That ROYALTY is what Ballmer called the "IP bridge".

As long as Novell refuses to rescind the agreement they are party to this blatant attempt at hijacking FOSS/Linux, and to their damnable lie about MS IP being in Linux. As long as they keep getting money from Microsoft I doubt they will rescind the agreement. Novell fanbois who refuse to see the plain truth about this agreement are either no friends of FOSS/GPL or, in their misguided loyalties, they refuse to see and keep their heads up their collective rears to avoid the truth.


Novell did not merely sign a deal with Microsoft. It conspired because it needed the money.

handshake black and white

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
 
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
The Aim is Not Fame
Reposted from schestowitz.com
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026