Bonum Certa Men Certa

Eben Moglen Sets Record Straight Regarding Microsoft/Novell After Novell Lied

Eben Moglen portrait



Summary: Professor Eben Moglen responds to disinformation from Novell's Joe 'Zonker' Brockmeier, who was sent to London by Novell's PR team in order to speak to journalists

"DOWNHILL" is where Novell is going, but even on its way down to the bottom Novell resorts to lying and revisionism. Brockmeier's lies about Eben Moglen's stance are finally being refuted and rebutted by Moglen himself.



In a short exchange with ITWire, Moglen has some strong words to share:

OpenSUSE's Brockmeier caught out over Moglen claim



OpenSUSE community manager Joe 'Zonker' Brockmeier has been caught out spreading misinformation about the patent deal that Microsoft signed with his employer, Novell, a little over three years ago.

During a recent tour of Europe, Brockmeier gave an interview to eWeek Europe to spruik his company's position and what he claimed it had gained from the patent licensing deal over the three years since it was signed.

He was quoted by Peter Judge of eWeek as saying: "Even Eben Moglen [Columbia law professor and founder of the Software Freedom Law Center] approved of the deal and said it was compliant with the GPLv2 licence agreement."

Such a claim is surprising considering that Moglen is well-known as a co-author of the GPLv3 which introduced a clause that would prevent such deals from happening in the future.

Contacted by iTWire, Moglen said he was surprised by the claim. "I *did* say the deal didn't violate GPLv2 section 7," he said.

This, however, is not surprising as many people knew that, legally, the GPLv2 did not prohibit the deal. However, many people at the time felt that it did violate the spirit of the licence. Prominent free software developer Jeremy Allison quit Novell in disgust over the deal.

Moglen, who is highly respected both for his academic scholarship and his contributions to free software, was surprised that he had been painted as someone who had approved of the deal.

"I *disapproved* of the deal, quite firmly; there is some rather popular video of me on the web explaining why, in relation to Microsoft's annual 'Be Very Afraid' tours," he said.

[...]

While some who read the article have contested these claims in comments at the end of the piece, Brockmeier has offered no comment.


The Source was probably the first Web site to properly expose Brockmeier for his lies. In reference to the above it adds:

Everyone who knows anything about the Microsoft/Novell deal – among whom I assume Mr. Brockmeier is counted – understand this position. The entire “trick” that permitted the deal was a this loophole of letter-compliance but spirit-violation under the GPLv2 which was specifically closed in the GPLv3.

And when I say specifically, I mean the Microsoft/Novell deal was listed by name.

Why the pretense that someone acknowledging Novell pulled a fine-print fast one and got away with it is equal to approval and endoresement? I understand the desire to spin a shameful collaboration of betrayal and discrimination on Novell’s part, but why try to use the name and reputation of someone who publicly condemns you? They will surely correct your gross distortions, and then where are you? (Still on Novell’s payroll! <rimshot>)


Yes, he is being paid to say such nonsense. Upton Sinclair once said, "It's hard get a man to understand something, when he's being paid not to understand it."

Here is a new interview with Brockmeier, where he is asked about many issues including Mono:

HO [Heise/H Online]: Novell appears to have set itself high hopes for Mono and you say that this is the first commercial development tool for the rapid creation of .NET applications for Linux, Unix and Mac OS X within Visual Studio. Is it really the ‘first’ tool of this kind and what do you think will appeal most to developers about its form and function?

JB [Joe Brockmeier]: As far as I know, it is the first tool of its kind. But I'm not the ‘Mono guy’, so I don't spend much so time with it – but I would say that the most appealing thing about the tool is what you've emphasised in the question: that it allows rapid development of cross-platform .NET applications. Giving developers an opportunity to easily target cross-platform development with a language they're already familiar with is a big incentive.


Later on we will write a long post about the latest of the Mono folly.

Georg Greve passes on the words of the FSFE (which he founded): "EC's Microsoft browser settlement better than expected, but interoperability promises utterly useless..."

This is a subject that we covered yesterday, having previously explained that Microsoft attacks Free software as commercial software using the so-called "interoperability promise". Groklaw has just analysed this too and made a comparison to the Novell/Microsoft deal:

Microsoft tries this trick every time. Same thing with the Microsoft-Novell patent pledge, if you recall. It means the same thing here, that you are not covered unless you are not a commercial competitor of Microsoft. So Linus in his bedroom would be covered, but once people actually started to use Linux to the benefit of the world's economy, the deal is off? Then what happens? Is the old code still covered? How is it interoperability if your main competition is excluded from interoperability? My guess is Microsoft means for you to have to pay for a patent license, if you are commercial, judging by Jason Matusow's comment about similar language in the Novell deal:
The offer not to sue open source software developers for patent infringement might sound philanthropic, but it has been dismissed from various quarters as "divisive" and "worse than useless".

Earlier this week the Samba development team urged Novell to rethink its agreement with Microsoft as it favored non-commercial developers or those contributing to Novell’s openSUSE project over contributors to other commercial open source projects.

Meanwhile the Software Freedom Law Center said the offer was "worse than useless" and was not to be relied upon.

While Matusow’s request for input from the open source community shows that the company is open to criticism, it appears it will not be changing its position on commercial open source developers.

"Our design goal is to get language in place that allows individual developers to keep developing. We are not interested in providing carte blanche clearance on patents to any commercial activity - that is a separate discussion to be had on a per-instance basis," he wrote.
But the GPL forbids paying for a patent license, so it's a cute trick to keep GPL code, and that includes Linux, out in the cold, unable to interoperate.


Microsoft is modeling a deal with the EU in a similar fashion to that which it signed with Novell. It is surprising that the FSFE has been as polite as it is about it.

“People that use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to compensate us.”

--Steve Ballmer

Recent Techrights' Posts

Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
 
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025
Links 16/01/2025: Conflicts, Overpopulation, and Software Patents
Links for the day
[Meme] Lock-down With DRM Server/s (in a Nutshell)
Companies like Microsoft and Apple have a 'God complex'
Thank You, London! There Was No Way to Still Reliably Host Gemini From Home (on a Raspberry Pi 4) Due to Scale
The only regret we've long had is that we hadn't made the move earlier
The Summit of Future (Kerala, 2025): Dr. Richard Stallman (RMS) to Give Keynote Talk
promotional video was uploaded
Richard Stallman's Talk This Coming Monday (European 'Tour')
bunch of talks in Europe
Total Lock-down Ambitions - Part II - Down to the Very Core, Including the Hardware (CPU, GPU, Peripherals, and More)
instead of distinguishing themselves and antagonising these broadly reviled "antifeatures", both Canonical and IBM decided to join Microsoft in advocating lockdown
FSF, Guardian of the GNU Project, to Reach $400,000 in Winter Fundraiser Ahead of 40th Anniversary
The GNU Project Turns 42 later this year
Links 16/01/2025: "Meduza, IRL" and the Clock is Ticking on TikTok in the US
Links for the day
Gemini Links 16/01/2025: Yesterday's Gone, The Hour of the Dragon by Robert E Howard
Links for the day
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
Links 16/01/2025: Scale and Scope of Microsoft Layoffs Revealed (Two Waves of Layoffs in 2025 Already)
Links for the day
Gemini Links 16/01/2025: Meta Has a Pixelfed Problem and Space Time Scoping
Links for the day
Anti-Linux 'Articles' in linuxsecurity.com (Guardian Digital, Inc) Are Composed by Bots, Probably Microsoft's
linuxsecurity.com has become a mindless stream of LLM slop
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025