05.09.07
Novell Confirms the Deal Was About “Intellectual Property”
Well, well, well…
Novell has stubbornly denied that the deal with Microsoft was about patents, but have a look at this new nugget of information which comes from a journalist:
Novell confirms that patent deal gave it access to Microsoft IP
I am also confused as to how Steinman’s explanation of the intellectual property agreement fits in with Novell’s earlier explanation of the patent covenant. For example, in its FAQ, Novell stated:
“Our agreement with Microsoft is focused on our customers, and does not include a patent license or covenant not to sue from Microsoft to Novell (or, for that matter, from Novell to Microsoft).”
Steinman has just contradicted Novell’s ‘damage control’ FAQ. Mark these words. Novell acknowledges that it needs access to software patents. In another press release from yesterday, Novell just seems to accept the statement that customers want legal protection.
“Customers have asked us for greater interoperability and for IP assurance that enables vendors to build technical bridges,” said Susan Hauser, general manager of strategic partnerships and licensing at Microsoft.
Novell, say it isn’t so. Yet again, Microsoft adds intellectual property FUD into your own announcements. It has become a pattern. One’s belief is that if they repeat it endlessly, people might start to believe in this imaginary risk and thus be fearful. Things get even worse when the customer’s voice is being ‘hijacked’.
Novell’s impact on Linux and Free software is best illustrated using some quotes:
In mid-November, shortly after the pact was announced, Microsoft chief Steve Ballmer said companies that sell or run Linux, but aren’t covered under the Novell deal, are illegally using Microsoft’s IP. “We believe every Linux customer basically has an undisclosed balance-sheet liability,” he said.
He said in a later meeting: “I do think it clearly establishes that open source is not free.”
Highlight: Novell was the first to acknowledge that Microsoft FUD tactics had substance. Novell then used anti-Linux FUD to market itself. 
Highlight: Xandros let Microsoft make patent claims and brag about (paid-for) OOXML support. 
Highlight: Linspire's CEO not only fell into Microsoft arms, but he also assisted the company's attack on GNU/Linux. 
Highlight: Microsoft craves pseudo (proprietary) standards and gets its way using proxies and influence which it buys. 
Highlight: The invasion into the open source world is intended to leave Linux companies neglected, due to financial incentives from Microsoft. 
Analysis: Xen, an open source hypervisor, possibly fell victim to Microsoft's aggressive (and stealthy) acquisition-by-proxy strategy.
Shane Coyle said,
May 9, 2007 at 7:19 pm
So, everything we’ve feared here has basically been confirmed, just great. Novell needs to immediately come forward with the details of what, exactly, they have agreed to license from MS.
One of the more disturbing aspects of the Microvell saga is the repeated question of the acceptability of Novell code and patch submissions since the deal, which I am even more concerned about since reading this: