EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.17.06

I thought Novell said there were no Infractions

Posted in Deals, FUD, GPL, Intellectual Monopoly, Law, Microsoft, Novell, Patent Covenant, Patents, Steve Ballmer at 12:24 am by Shane Coyle

Or so it was stated in their FAQ on the MS Deal. Of course, as always with any story, there is Mr Ballmer’s take on the deal:

“Novell pays us some money for the right to tell customers that anybody who uses SUSE Linux is appropriately covered,” Ballmer said. This “is important to us, because [otherwise] we believe every Linux customer basically has an undisclosed balance-sheet liability.”

“Only customers that use SUSE have paid properly for intellectual property from Microsoft,” he said. “We are willing to do a deal with Red Hat and other Linux distributors.” The deal with SUSE Linux “is not exclusive,” Ballmer added.

Of course, as usual, no one cuts to the core of the subject better than PJ at Groklaw:

“Let him sue if he thinks he has a valid claim, and we’ll see how well his customers like it.”

Jones also challenged Ballmer to “put his money where his mouth is” and detail exactly what part of the Linux kernel source code allegedly infringes upon Microsoft patents, so that “folks will strip out the code and work around it or prove his patent invalid.”

And so it begins, the gauntlet is down – who draws the first MS lawsuit? Red Hat? Oracle? EDU-Nix? Let us all remember who it is that is complicit in this FUD campaign, Novell’s self-serving deal legitimizes Microsoft’s assault on Linux.

If successful, Microsoft will create a landscape in the Operating System market that consists of themselves and MS-approved ‘competitors’ which pay royalties to MS in perpetuity, all others are sued into oblivion.

Regardless of the technical wording of the deal, and whether it can be established that Novell is violating the letter of the GPL 2, they are certainly violating its spirit, Novell must not be supported.

Update: More in depth on Ballmer’s exact words , including an MP3.

What we were able to craft, with a lot of hard work with Novell, was an agreement essentially where we would do the technical work in a variety of different areas to improve interoperability between the two environments. And we agreed on a, we call it an IP bridge, essentially an arrangement under which they pay us some money for the right to tell the customer that anybody who uses Suse Linux is appropriately covered. There will be no patent issues. They’ve appropriately compensated Microsoft for our intellectual property, which is important to us. In a sense you could say anybody who has got Linux in their data center today sort of has an undisclosed balance sheet liability, because it’s not just Microsoft patents. Because of the way open-source works, there’s nobody who’s been able to do patent coverage or patent indemnification behind that.

So, its an IP Bridge, not a patent cross license agreement, nothing to do with patents all you GPLers, really. Novell paid MS to be able to say that SuSE is not infringing, and MS paid Novell to say that Linux is. The relative sizes of the payments should tell you who had to be convinced.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

4 Comments

  1. John Bailo said,

    November 17, 2006 at 1:30 am

    Gravatar

    Congratulations…you are now attacking the one good thing that OSS has produced, Suse, a distro that is easily installed, has all the drivers and actually lets you play a dvd without having to take a post-doc at MIT.

    The whole thing sounds like jealously to me. One of the ‘distroes’ was picked to go to the big city and become famous, and the others sit back at farm and carp.

  2. john said,

    November 17, 2006 at 5:09 am

    Gravatar

    linux is a cheap ripoff of windows.

  3. Roy Schestowitz said,

    November 17, 2006 at 8:59 am

    Gravatar

    Bailo, get back to your stocks.

  4. Jed said,

    November 17, 2006 at 11:50 am

    Gravatar

    Fud is best when its non-specific.

    MS wont name the code, just like SCO, its the cloud over Linux they want, not to play their cards (which may be dubious patents if there even are any).

    BTW..I don’t think you guys will get the 200 Million.

What Else is New


  1. Links 28/11/2014: Debian Fork, Fedora 21 RC, Git 2.2.0

    Links for the day



  2. Mozilla Will Relay Firefox User Input (Even Keystrokes) to Microsoft and the NSA Through Yahoo in the US

    Mozilla is letting Microsoft manage users' data in Firefox, including keystrokes in the address bar



  3. Microsoft Found to Have Broken the Law in China (Tax Evasion), Just Like Practically Everywhere

    China is reportedly taking action against Microsoft's notorious habit of tax evasion and fining the company well over $100 million



  4. Links 26/11/2014: Docker Patched, New DragonFlyBSD

    Links for the day



  5. Message to the Corporate Media: Bill Gates is Not an Ebola Expert

    Brainwash in the corporate media, including media that the Gates Foundation bribes in exchange for sheer bias, paints the super-rich as the solution rather than the problem



  6. US Government Finally Probes Microsoft Over Financial Fraud, Microsoft Then Bullies the Government With a Lawsuit

    Microsoft is finally being investigated -- perhaps properly too -- for its well-known tax abuses that have so far proved that Microsoft is "too big to jail"; Microsoft is suing the investigator, exerting its abusive power to discourage further investigation



  7. Gagging Critics: Micro Focus-Run SUSE Bribes Journalists in Exchange for Positive Coverage

    Amid the takeover by Micro Focus, SUSE pays journahayess (especially critics) who in turn become some kind of advertisements feed of Novell



  8. Links 25/11/2014: Tizen News, Jolla Tablet Past Million

    Links for the day



  9. Links 24/11/2014: Linux 3.18-rc6, Qualcomm Eyes GNU/Linux Servers

    Links for the day



  10. Boycotting Micro Focus International

    Microsoft's "Partner of the Year" is taking over the patron of SUSE and all of Novell's remains, except the patents (Microsoft has already grabbed those)



  11. Vesna Stilin's Remarks on Željko Topić: Part XI

    Vesna Stilin speaks about her confrontation with EPO Vice-President Željko Topić, who has criminal lawsuits against him in Croatia



  12. Links 22/11/2014: Linux Mint 17.1, Ubuntu MATE

    Links for the day



  13. Links 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  14. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  15. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  16. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  17. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  18. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  19. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  20. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  21. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  22. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  23. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  24. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  25. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  26. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  27. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  28. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  29. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  30. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts