Bonum Certa Men Certa

Novell's Last Week - Part III: AttachMSFT's Promise to OpenSUSE is Not a Legal Commitment

Conference room with OpenSUSE



Summary: Advice to OpenSUSE now that a company without any affection towards free/open source software inherits the assets

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:





SLE* and OpenSUSE should not be confused because they are quite different and as long as companies like Red Hat develop GNU/Linux SLE* does not really rely so much on OpenSUSE. Joe Brockmeier from Novell (he is the former OpenSUSE community manager) doesn't mince words when he says via IDG that "Attachmate says openSUSE is safe" and that it's a "Sad end for Novell: Sold to Attachmate" (Novell does not call it "sad").

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.


We are going to cover this later (UNIX and patents) because it's a broad subject which IDG put emphasis on (posted in several of its domains). The Microsoft booster from ZDNet looked at these patents and so did Erik Sherman from BNet. His old headline was apparently "Did Microsoft Hit the Mother Lode with Novell's Patents" (now it is a lot gentler). In part it says:

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.


Well, that's just another aspect of it. Peter Judge does not seem to understand the WordPerfect case based on this article of his:

No official word, but it looks like Microsoft is getting out of a long-running lawsuit as a result of the sale of Novell


The case is not related to patents and there are many who confuse copyrights with patents. Fortunately they got their behinds handed to them. We'll expand on it later.

Going back to OpenSUSE, a publication where Brockmeier writes sometimes has had his colleague publish "Novell's Acquisition by Attachmate Has A Microsoft Twist, But Red Hat is the Big Winner". Despite the increase in perceived risk from Novell patents, Red Hat's stock enjoyed a little rally.

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.


Brockmeier's other colleague, Susan Linton, who used and recommended OpenSUSE for a long time (along with other distros), wonders "What Will Become of openSUSE", but it's the update which matters the most (already covered in the UK technology press [1, 2]).

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.


Xandros also said that it would take good care of Linspire. It's not a legally-binding obligation, these are just words.

Susan set up a poll to inquire about an OpenSUSE future without Novell's commitment or help. The results at the time showed 24% (80 votes) saying that "openSUSE will survive". 4% said that "openSUSE will be axed", 14% said that "openSUSE will be starved", 28% said that "openSUSE will be forked", and 30% just didn't care.

Alastair Otter argues in the South African press that OpenSUSE faces an "uncertain future" (his headline boldly states this).

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.


The 451 Group has its own analysis and OpenSUSE members are trying to act as though it's business as usual in the blogs and mailing lists [1, 2]. "Just a small story about my ambassador life" is a post published just a couple of days before the big announcement and Mr. Sascha Manns, an OpenSUSE ambassador, carries on as usual [1, 2, 3]. There is generally little news in the OpenSUSE world these days (security advisories occasionally still put it in some headlines) and Andy from the OpenSUSE community says that "openSUSE Needs to Rebel" in the controversial title of this new post.

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.



OpenSUSE's reputation got 'tainted' by Microsoft, so it's probably a good time to fork. AttachMSFT will obviously not talk about layoffs just day after a major deal; it has not made any contractually-binding agreement, either. Words are cheap and OpenSUSE should not operate based on them. Later in this series we will explain just what type of people run AttachMSFT. ⬆

Recent Techrights' Posts

European Patent Office (EPO) Series: Temporary Public Office or Permanent Personal Feather-Bed?
there are no visible signs that the Administrative Council has the slightest interest in contemplating a change in leadership at the EPO
Brigading Against Women - Part IV - Death Threats, Threats to Women, and Threats for Pointing Out, Correctly and Based on Hard Evidence, That Garrett and Lozza Talk to Each Other About Me Every Year (for 4 Years)
Brett Wilson LLP too is a toxic manosphere
 
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
Dejan Panovski Ousts linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026
Gemini Links 26/09/2026: Computer Cases Dreary, Web Drowning in Botspam
Links for the day
Reform UK auditor: Electoral Commission accounts, Companies House accounts, a going concern or not?
Reprinted with permission from Daniel Pocock
More GAFAM Layoffs at Apple, Second Time in Weeks (Silent Layoffs Silently Target Older and "More Expensive" Staff)
How many layoffs happen at Apple silently and go unreported or very scarcely reported?
Gemini Links 26/09/2026: Rant About Slop Ruining Crafts (Drowning the Signal With Plagiarism) and "Going Mechanical"
Links for the day
Links 26/09/2026: Microsoft Says Notification Data Breach/Surveillance Hole There by Design, EU Rapidly Dumping Microsoft for Digital Sovereignty
Links for the day
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock