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

04.19.08

Why Again is the Novell/Microsoft Deal So Darn Ugly?

Posted in Free/Libre Software, GNU/Linux, Google, GPL, Microsoft, Mono, Novell, Oracle, Patent Covenant, Patents, Red Hat, Steve Ballmer, Windows at 2:54 am by Dr. Roy Schestowitz

Steve Ballmer license

Image from Wikimedia

Matt Asay has just weighed in on this debate that was mentioned here before. It’s centered around the mixing of Free software and software patents. His post is long, he has many insightful things to share rant about and here is just a fragment.

Dual-licensing with patents: It’s bound to happen

[...]

The problem with this sort of distinction (which we and virtually every open-source company of which I’m familiar espouses, in terms of a “community” and “professional” version) is how easily patent protection could creep into the one but not the other. When the open-source world starts selling the same FUD that the proprietary world does we have lost.

I care far less about hybrid models that depend on a mixture of proprietary extensions and an open-source core, as MySQL is contemplating, than I do about hybrid models that are a blend of “open source and very risky!” and “proprietary and oh so safe!”. If we slip into this sort of a model, open source loses its potency. It loses its character. It loses its integrity.

The downstreaming problem which he speaks of is represented by Novell's Moonlight. Novell already steps further than this, e.g. by separating Mono into 'chunks' depending on Microsoft’s R(seanable)AND, which is only as unreasonable as it wants and needs it to be. If you wish to witness Microsoft’s mis-comprehension of ‘open source’ (or “open minus source”, i.e. open-source), then take a look at Ozzie’s remarks which we intentionally only alluded to earlier but never took seriously. The ‘news’ was so insignificant that it was hardly comment-worthy. Microsoft is still all “patents, patents, patents!”

The concessions Microsoft makes are merely a case of public image — saving face on the face of it. If you need another more contemporary glimpse at Microsoft’s attitude, get a load of this latest analysis from the 451 Group.

There was general agreement that large IT vendors, including software giants such as Google, Oracle and even Microsoft, all see a need for involvement in open source. What also emerged as a common theme during our panel was that no big vendor could afford not to be in open source in some way or another. Basically, it’s been competitive necessity and cost effectiveness that has led vendors to open source, and this helps explain why we see open source all over the place. There was also a recognition that we were not talking about what vendors might be doing or when they might be making moves around open source. We were talking about the things these vendors are doing today and where they are looking next to push the ideas and advantages of open source further.

As you know, Google and Oracle just adore Free software. Yes, they love using it. They love receiving updates. They love the fact that Red Hat builds a platform for them and in the case of Oracle, lots of support money can be extracted at the developers’ expense. What’s not to love when you’re a freeloader?

“Microsoft’s legacy assets (secret code) become increasingly redundant as equivalent and often superior Free software is made available…”As for Microsoft, it wishes to believe that open source as a whole will become yet another Windows ISV that brings profits to Microsoft. In many other cases, it’s a tad unfortunate to find how they turned Free software into just visibility of source code as a marketing distinguisher if not a self-serving ploy.

Microsoft’s legacy assets (secret code) become increasingly redundant as equivalent and often superior Free software is made available for download, use, and redistribution. Microsoft knows all of this. What can it brag about? Probably just piles of papers, fueled by the very same laws it aggressively lobbies for. It shapes market rules to suppress emerging threats, to hinder natural progression, sometimes perceived as “disruption”. In response, we, as Free software supporters, must protest to keep the law in tact or restore it to a state of sanity. Digital slavery and a modern-age feudal system is good for nobody.

Oh look! The press is buzzing about another Microsoft intellectual monopoly. Watch carefully what you do with your hands now.

Right and left mouse buttons are placed on the side in a thumb-accessible position, and the design is unobtrusive enough to allow for easy typing when it’s on. We’d love to get a hand-on with the mouse if it ever comes out. It looks great and the ability to surf the internet without keeping our hand close to the computer is very conducive to our leisure time activities.

The gist of it all: a combination of prior art fitted onto A4-sized white paper sheets. Can’t have too many of these though! Word on the street is that Microsoft has run out of paper, so it can’t let Linux know what it’s allegedly infringing on.

“Most people who are familiar with patents know it’s not standard operating procedure to list the patents… The response of that would be administratively impossible to keep up with.”

Jim Markwith, Microsoft patents attorney
(after saber-rattling against Linux)

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

What Else is New


  1. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  2. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  3. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  4. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  5. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  6. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  7. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  8. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  9. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives



  10. Released Late on a Friday, EPO Social 'Study' (Battistelli-Commissioned Propaganda) Attempts to Blame Staff for Everything

    The longstanding propaganda campaign (framing staff as happy or framing unhappy staff as a disgruntled minority) is out and the timing of the release is suspicious to say the least



  11. Links 23/9/2016: Latest Microsoft and Lenovo Spin (Now in ‘Damage Control’ Mode)

    Links for the day



  12. White Male-Dominated EPO Management Sinks to New Lows, Again

    Benoît Battistelli continues to make the EPO look like Europe's biggest laughing stock by attempting to tackle issues with corny photo ops rather than real change (like SUEPO recognition, diverse hiring, improved patent quality, and cessation of sheer abuses)



  13. Journalism 102: Do Not Become Like 'Managing IP' or IAM 'Magazine' (the Megaphones of the EPO’s Management)

    Another look at convergence between media and the EPO, which is spending virtually millions of Euros literally buying the media and ensuring that the EPO's abuses are scarcely covered (if ever mentioned at all)



  14. Journalism 101: Do Not Believe Anything That Benoît Battistelli and the EPO's Management Say (Also Don't Fall for the UPC Hype)

    A survey/review (or an overview) of recent articles about the EPO and why they're wrong (mostly because they parrot the official lies from Battistelli's department)



  15. Patent Law Firms, David Kappos, and IAM 'Magazine' Still Shelter Software Patents by Cherry-Picking and Lobbying

    Amid the gradual collapse of software patents in the United States there are disingenuous efforts to bring them back or maintain a perception that these patents are still potent



  16. Microsoft-Connected Patent Trolls Going Places and Suing Microsoft Rivals, Microsoft Wants More 'Linux Patent Tax'

    Microsoft-connected patent trolls like Larry Horn's MobileMedia are still attacking Microsoft rivals and Microsoft wants more money from Korea, after it attacked Linux with software patents over there (notably Samsung and LG)



  17. Links 22/9/2016: Linux Professional Institute Redesign, Red Hat Upgraded

    Links for the day



  18. Links 22/9/2016: Red Hat's Latest Results, GNOME 3.22 Released

    Links for the day



  19. The Patent Law Firms in the US Relentlessly Lobby for Software Patents Resurgence by Placing Emphasis Only on Rare Outcomes

    Decisions against software patents continue to be ignored or intentionally overlooked by patent law firms, which instead saturate the media with the few cases where courts unexpectedly rule in favour of software patents



  20. Links 21/9/2016: Lenovo Helps Microsoft Block GNU/Linux Installations

    Links for the day



  21. Like Big Tobacco Lobbyists, Benoît Battistelli and Team UPC Are Just Chronically Lying and Manipulating Politicians With Their Lies

    Benoît Battistelli and Team UPC continue to meddle in politics and mislead the public (through the press) about patent quality as well the UPC, which is now in effect sunk inside the ashtray of history



  22. The EPO's 'Investigative' Function is Totally Out of Control and Continues to Get Bigger, Whitewashed by So-called 'Review'

    An update on the situation which still causes great unrest at the European Patent Office (EPO), namely abuse of staff by the so-called Investigative Unit (Eponia's equivalent of unaccountable secret services)



  23. Microsoft and Patent Law Firms in the United States Can't Stop Writing About McRo in a Coordinated Push to Resurrect Software Patents

    Microsoft is pursuing more Linux 'patent tax' (using software patents) and patent law firms are preoccupied flooding the media with their shameless self-promotion which is also software patents promotion



  24. For Abuse Like Plagiarism and Malpractice, the US Patent System is Still World Champion

    Low patent quality, abusive litigation (e.g. by patent trolls) and various other elements that globally discredit the USPTO are only symptoms of a wider problem, which is a greedy system motivated by neo-liberal values rather than professionalism and servitude



  25. Links 20/9/2016: GNOME 3.22 Preview, Absolute 14.2 Released

    Links for the day



  26. Links 19/9/2016: Linux 4.8 RC7, KDevelop 5.0.1

    Links for the day



  27. Patents Roundup: Disclosure Requirements, Mobile Patents, Patent Lawyers' Plagiarism, USPTO Getting Sued, and Corporate Domination of the Patent System

    The unwanted elements of the patent system (as it stands at present) illuminated by very recent news and patent court cases



  28. With or Without the UPC (Which Will Probably Never Happen) Battistelli is Crushing the EPO and Ejects Experienced Staff, a Future Without Examination Possible

    A pessimistic but probably realistic take on what is happening at the European Patent Office (EPO), which is undergoing a silent transformation so wide-ranging that stakeholders deserve to know about it



  29. When EPO Liar-in-Chief Benoît Battistelli Defamed His Staff in Parliament, Comparing Them to Nazis and Criminals

    A reminder of the audacity of Benoît Battistelli, who in his capacity as a politician -- a problem in its own right -- slanders EPO staff



  30. After McRO v Namco Case (at CAFC) the Patent Microcosm Works Overtime to Produce Pro-Software Patents Propaganda, Smear the Supreme Court

    Increasingly desperate to convince people to pursue software patents and/or use their software patents to initiate growingly risky lawsuits (high risk of losing), the patent microcosm hugs McRO v Namco while distorting the complete record of the Court of Appeals for the Federal Circuit (CAFC) on this subject


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