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

02.04.07

Novell Could Lose Rights to Distribute GNU, but Not Linux

Posted in Action, Courtroom, Deals, Fork, Free/Libre Software, FUD, GNU/Linux, GPL, Interoperability, Kernel, Law, Microsoft, Novell, Patent Covenant, Review, Samba at 12:32 am by Shane Coyle

So that’s what "GNU⁄Linux" is all about…

Unfortunately, the Novell Ban on Distributing Linux piece of FUD has really caught on and is being repeated ad infinitum around the internet. The article implies that the FSF is coming together to review the Microvell deal and decide if it is in violation of the GPL, and whether Novell should retain the right to distribute Linux is to be decided in the coming weeks.

As was pointed out earlier, this is not exactly what is happening – the FSF is not reviewing Novell specifically and determining if they are complying with the current GPL, with the intent of pulling their license. What is happening, however, is a new draft of the upcoming GPLv3 is in the works. In the coming weeks, the FSF will be working on the language that will address the Microsoft-Novell patent covenant and its "workaround" of the GPLv2 intent.

Basically, the FSF is closing the loophole exploited by the Microsoft-Novell deal, after which it will be up to Microvell to decide if they wish to comply with the new license terms and conditions. At this time, the FSF is not pursuing the Microvell deal under GPLv2, and apparently they are conceding that the deal is GPLv2 compliant (or at least not worth litigating).

Another point worth mentioning, is that Linux (the kernel) is almost certainly remaining under GPLv2 for the forseeable future, so even if Novell is unable or unwilling to comply with GPLv3, they will still apparently be able to distribute "Linux" under GPLv2 for some time.

What will be moving to GPLv3 in short order after its approval are projects like gcc and other fundamental packages that are controlled by the FSF, in addition to Samba – the very project which provides Novell’s coveted Windows interoperability in the first place.

So, while Novell will be able to distribute Linux for the forseeable future, it’s the GNU that Novell will be losing if they can’t comply with GPLv3, requiring them to maintain their own forks.

Of course, Novell has already pledged to comply with GPLv3 in whatever form it should take, so I suppose this is all much ado about nothing, right?

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

3 Comments

  1. Draconishinobi said,

    February 4, 2007 at 1:48 pm

    Gravatar

    “Another point worth mentioning, is that Linux (the kernel) is almost certainly remaining under GPLv2 for the forseeable future, so even if Novell is unable or unwilling to comply with GPLv3, they will still apparently be able to distribute “Linux” under GPLv2 for some time.”

    That’s what I thought … Linus (and a few others) want(s) the kernel to stay under GPLv2. This means the GPLv3 will have very little if any effect on the Microvell deal / contract. They can easily develop or use software that is not under v3. For example, I know Intel makes a decent closed-source complier that would easily substitute gcc. So, I mean, unless really super critical parts of GNU, things that will cause GNU/Linux to not to function at a decent level without some major investment in developing new software, get upgraded to v3, then there is nothing stopping the evil empire from expanding, destroying, and/or dominating Linux and a good portion of GNU. Or maybe Hurd is the last and only hope ? Maybe BSD ? I feel the evil empire has already won :( :( :( Maybe there was never any hope in the first place ….

  2. Justin Silverton said,

    February 4, 2007 at 1:51 pm

    Gravatar

    “Novell Could Lose Rights to Distribute GNU, but Not Linux”

    Most linux distributions contain lots of GNU software. Even though they can still use software from version 2, if they were blocked completly from the GNU aspect..there wouldn’t be much of an actual operating system left.

    “Of course, Novell has already pledged to comply with GPLv3 in whatever form it should take, so I suppose this is all much ado about nothing, right?”

    I think they stated this before the FSF decided to go after them directly.

  3. Justin Silverton said,

    February 4, 2007 at 1:57 pm

    Gravatar

    “So, I mean, unless really super critical parts of GNU, things that will cause GNU/Linux to not to function at a decent level without some major investment in developing new software, get upgraded to v3″

    The problem is that if you get a piece of software under the GPLv2..you have a choice of using it under future licenses. So, Novell can still use anything under the GPLv2 (which includes all current gnu software) and they won’t have a problem.

    The drawback to them is that they will not be able to get updates (if they want to sell it under the deal with Microsoft) and will have to hire more developers rather than just using code from the community.

What Else is New


  1. The EFF Back to Tackling Software Patents, Not Just Patent Trolls

    Electronic Frontier Foundation lawyers start targeting large companies that exploit patents for intimidation and extortion, not just patent trolling



  2. Microsoft Wants to Devour the Competition (Linux), Devour People's Data

    Refuting the "new Microsoft" propaganda and some ludicrous concept that Microsoft is now "playing nice"



  3. Benoît Battistelli Thinks 'President' is Above the Law, Decides to Ignore the Court's Ruling

    Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law



  4. Links 24/2/2015: Xfce 4.12 a Week Away, GNOME 3.16 Previewed

    Links for the day



  5. Links 23/2/2015: Ubuntu Kylin 14.04.2 LTS, Cinnamon 2.6 Previews

    Links for the day



  6. IRC Proceedings: February 8th - February 21st, 2015





  7. The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

    The EPO never investigated the Željko Topić affair, it only pretends to have investigated (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group



  8. Links 21/2/2015: GNOME 3.15.90, Google Wins Android Lawsuit

    Links for the day



  9. Microsoft AstroTurfing War on GNU/Linux is Still Going On, But Hidden Better, Uses API as Instrument of Lock-in

    The corruptible press continues to describe blatant attacks (Embrace, Extend, Extinguish) against GNU/Linux and Free software as Microsoft 'embracing' Open Source



  10. Lenovo's Superfish Scandal is Spyware on Top of Spyware (Microsoft Windows), the Problem is Inherently Proprietary Software

    Shifting focus to the root problem, which is neither Lenovo nor its laptops but the non-free programs installed on hardware



  11. Benoît Battistelli Once Again Threatens EPO Staff That 'Dares' to Protest, Battistelli Exploits Terror Attacks to Pretend to Respect Free Speech

    The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself



  12. Links 20/2/2015: Android Studio v1.1, GDB 7.9

    Links for the day



  13. Links 20/2/2015: Bloomberg Joins Linux Foundation, ClearOS Community 6.6.0

    Links for the day



  14. The Chartered Institute of Patent Attorneys Slams the European Patent Office for Structural Failings

    An important letter which we overlooked while writing yesterday's 4 articles about the European Patent Office (EPO); yet another key stakeholder complains



  15. Links 19/2/2015: Hewlett-Packard on Cumulus Linux, Previews of GNOME 3.16 Beta

    Links for the day



  16. Techrights Under Attack Again, Shortly After Important EPO Articles

    Techrights highlights a pattern that is months old; Site faces availability issues shortly after reports about the European Patent Office and its abuses



  17. EPO Staff Protests Against Benoît Battistelli’s Lowering of Patents Quality (Scope Expansion and Software Patents for Profit)

    A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding



  18. Breaking: European Patent Office Sued by Its Own Staff in The Hague, Must Unblock Staff's Voices

    The crooked management of the European Patent Office (EPO) gets in legal trouble after repeated attempts to cover up abuses and suppress criticism



  19. Željko Topić's History in SIPO Leaves a Legacy of Alleged DZIV Vehicles (Bribes), Authorship Abuses, and Intimidation Against Reporters

    Another deep look at Željko Topić's background in Croatia, preceding his very notorious appointment to the EPO where he now serves as Benoît Battistelli's most controversial attack dog



  20. The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

    A roundup of recent coverage about monopolies on algorithms in the United States



  21. Links 19/2/2015: 64-bit ARM Linux, Chinese New Year

    Links for the day



  22. Links 18/2/2015: Linux Report, FlightGear 3.4

    Links for the day



  23. EPO Scandals: The Story So Far

    An overview of articles about mischief, misconduct and breach of laws at the EPO



  24. Links 17/2/2015: TripleO, Pivotal

    Links for the day



  25. Links 17/2/2015: SystemD 219, Frugalware 2.0 (Rigel) Released

    Links for the day



  26. Željko Peratović Slammed for Whitewashing Željko Topić After Publishing Important Piece on Behalf of Key Sources

    Response from Ivan Kabalin to Zeljko Peratovic's so-called "apology" which is both mysterious and seemingly inadequate as it does nothing to actually explain what was wrong (if anything)



  27. Benoît Battistelli Has Made Oversight of European Patent Office Absolutely Impossible





  28. Microsoft Already Killed Nokia, Don't Let It Kill Android Players Too

    Microsoft's strategy against Android mirrors the company's evil strategy that derailed MeeGo and Nokia



  29. Intel Continues to Attack Software Freedom Through UEFI

    The Trojan horse that Microsoft uses to cement its monopoly on desktops and laptops (making it hard or impossible to install and run GNU/Linux) is also being misused to block Coreboot



  30. Links 16/2/2015: Netrunner 15, Bridge Linux

    Links for the day


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