AttachMSFT is a rather hostile (towards GNU/Linux) takeover and OpenSUSE should fork as soon as possible. It needs a new trademark to go by because AttachMSFT owns it and it might treat it just like Larry Ellison's Oracle treated OpenSolaris. When it comes to SLE* -- just like in Solaris' case -- it's an entirely different story because there is a lot of money to be gained, e.g. via IBM's mainframe business. Here is a new video about it:
Though many (myself included) had Novell pegged for sale to VMware, the company is being sold mostly to Attachmate with "certain intellectual property assets" being sold to a consortium backed by Microsoft. It's unclear what those assets are, but Novell holds more than 460 patents (according to a quick skim of the USPTO patent database online) and the copyrights to early UNIX, among other IP.
Add those together, and you still end up with only 748 granted patents or patent applications, which at a minimum leaves another 134 unaccounted for. I have a call in with Novell in hopes of straightening out the question. But even if clarified, it wouldn’t be surprising to see a lot of IP lawyers with technology clients searching through the list to see just how much trouble those companies might be in.
No official word, but it looks like Microsoft is getting out of a long-running lawsuit as a result of the sale of Novell
As everyone digests the news of Novell's acquisition by Attachmate, valued at approximately $2.2 billion, there are many who will note that all the signs were there that Novell wouldn't be sustainable as an independent company. We wrote about the war drums surrounding Novell multiple times, and we noted that, since Sun Microsystems was acquired by Oracle this year, a Novell acquisition would leave one company in an advantageous situation: Red Hat. Among other things, the acquisition of Novell leaves Red Hat as the only public, U.S.-based company primarily focused on open source. There are also interesting Microsoft connections to the Novell acquisition, and more.
Update: Attachmate has addressed openSUSE in a statement released November 23. They said,The openSUSE project is an important part of the SUSE business,” commented Jeff Hawn, chairman and CEO of Attachmate Corporation. “As noted in the agreement announced today, Attachmate plans to operate SUSE as a stand-alone business unit after the transaction closes. If this transaction closes, then after closing, Attachmate Corporation anticipates no change to the relationship between the SUSE business and the openSUSE project as a result of this transaction.
For its part Attachmate said in a brief statement that it planned on retaining Suse Linux as a "stand-alone business unit after the transaction closes." It also said that it foresees "no change to the relationship between the Suse business and the openSuse project."
While this might soothe fears of a sudden demise of OpenSuse in the coming months, there are also some fears that the deal will have far-reaching patent ramifications.
Novell already has a controversial 2007 patent agreement with Microsoft and now, as part of the sale of Novell, Attachmate has agreed to sell a raft of Novell's patents to CPTN Holdings, a Microsoft-backed consortium, for $450m. There could be as many as 882 software patents included in the deal with Microsoft, although for now there is no indication of which patents these will be.
Naturally the open source community is uneasy about this with some commentators suggesting that it may re-ignite the patent wars between Microsoft and the open source community.
Over the course of a few years, and after openSUSE was launched, the relationship of openSUSE internally has been one of constant rediscovery and also lethargy. openSUSE heaveily relies on the power of the community and their votes on certain issues, features, etc. Simply put, openSUSE is democratic.
In a sense, this means that openSUSE has developed a system that slows down the process of innovation and has become an acolyte of other Linux distributions such as Fedora and Ubuntu. Fedora, on the one hand, has the fairly advanced support from the Red Hat giant. A company that has enough capacity to make changes which are matured enough and set examples for other distributions to follow. Then Ubuntu has Mark Shuttleworth. A character with a strong personality and defying attitude to break the routine of being a "common" Linux distribution.
In turn openSUSE "had" Novell. A company which had slowed down its business quite a bit in the last years and has not recently been bought out by a company related to Microsoft. Consequently, openSUSE was born dead like a mummy. The problem was that the reliance on Novell to help openSUSE was great and Novell as a company never delivered as did Red Hat to Fedora. Also, openSUSE never had strong personalities to drive its distro development as does Ubuntu. Too fearful to change radically, openSUSE followed in the steps of its godfather Novell and lost personality, for everything was handled and voted on by the community.