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. Links 27/2/2017: GNU Linux-libre 4.10, Weston 2.0.0, Git 2.12.0, Linux From Scratch 8.0

    Links for the day



  2. Top Officials in French Government Are Growing Tired of Battistelli's Abuses at the European Patent Office (EPO)

    An automated translation of a recent debate about the EPO in the French government, culminating in intervention by Richard Yung



  3. A US Supreme Court (SCOTUS) Which is Hostile Towards Patent Maximalists May Closely Examine More Patents That Apple Uses Against Android

    A company which often takes pride in designers rather than developers (art, not technical merit) may lose that leverage over the competition if its questionable patents are taken away by the Supremes



  4. As Long as Software Patents Are Granted and Microsoft Equips Trolls With Them, “Azure IP Advantage” is an Attack on Free/Libre Software

    Microsoft is feeding enemies of GNU/Linux and Free/libre Open Source software (FLOSS) in order to sell its 'protection', which it names "IP Advantage" in a rather Orwellian fashion (same naming as back in the Novell days)



  5. Patent Trolls on Their Way Out in the United States and Their Way Into China, No Thanks to the Open Invention Network (OIN)

    An update on patent trolls and the role played by supposed allies of Free/libre software, who in practice do everything to exacerbate the problem rather than resolve it



  6. Insensitivity at the EPO’s Management – Part VIII: When Governed by Criminals, Truth-Tellers Are Cast as Criminals and Criminals as Justice Deliverers

    The bizarre state of affairs at the European Patent Office, where being an honest and transparent person makes one incredibly vulnerable and subjected to constant harassment from the management



  7. The Sickness of the EPO – Part V: Shedding Light on Institutional Abuse Against Ill and/or Disabled Individuals

    The seriousness of the situation at the EPO and a call for action, which requires greater transparency, even if imposed transparency



  8. The EPO's Race to the Bottom in Recruitment and Early Retirements Explained by an Insider

    The European Patent Office under Battistelli is failing to attract -- and certainly failing to retain -- talented examiners



  9. Wouter Pors and Other UPC Boosters Believe That Repeating the Lies Will Potentially Make Them Truths

    The lobbying campaign for UPC, or hopeful lies (sometimes mere rumours) disguised as "news", continues to rely on false perceptions that the UPC is just a matter of time and may actually materialise this year



  10. The Patent Trial and Appeal Board (PTAB) is Utilised in Fixing the US Patent System and the Patent Microcosm Loses Its Mind

    A roundup of PTAB news, ranging from attacks on the legitimacy of PTAB to progress which is made by PTAB, undoing decades of overpatenting



  11. The Patent Trial and Appeal Board (PTAB) and the Federal Circuit (CAFC) Take on Patents Pertaining to Business Methods

    Patents on tasks that can be performed using pen and paper (so-called 'business methods', just like algorithms) and oughtn't be patent-eligible may be the next casualty of the America Invents Act (AIA)



  12. Google's Stewardship of GNU/Linux (Android, Chromebooks and More) in Doubt After Company Resorts to Patent 'First Strikes'

    Google has just turned a little more evil, by essentially using patents as a weapon against the competition (by no means a defensive move)



  13. Links 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  14. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  15. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  16. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  17. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  18. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  19. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  20. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  21. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  22. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  23. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  24. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  25. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  26. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  27. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  28. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  29. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  30. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse


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