05.30.07

Gemini version available ♊︎

Novell Licensed MS Patents for Virtualization

Posted in Deals, Deception, GPL, Intellectual Monopoly, Microsoft, Novell, Patents, SLES/SLED, Virtualisation at 9:51 am by Shane Coyle

It appears that Matthew Aslett has put his finger on at least one bit of Patent IP that Novell has licensed from Microsoft, as well as a little bit about what the deal was really about.

In the meantime, the publication of the agreements also sheds some light on the suggestion that the patent cooperation agreement was necessary for the technical and business collaboration agreements to have occurred.

The patent deal is listed as a pre-requisite for both the other deals, while the technical collaboration agreement was also a pre-requisite for the business collaboration agreement, placing the patent deal at the center of the whole deal.

While the patent covenant included an agreement from each party not to sue each other’s customers, there was also a limited patent deal between Microsoft and Novell, as previously reported. According to the technical collaboration agreement, that patent deal related to Novell getting a free pass on patents related to the HyperCall API specification in order to make SLES run on Microsoft’s Viridian virtualization hypervisor.

I had said the other day that Microsoft is indeed very disturbed by Wine, as is evidenced by the non-redacted portions of the agreement, because it allows users to run their Office toolset without running (and paying for) Windows. Part of the Microvell deal is about virtualization, and keeping Windows relevant and installed by using legal posturing and FUD, which Novell is all too happy to assist with since they are in the unique position to benefit from Microsoft’s FUD campaign against Linux.

So, have a look at the technical cooperation agreement (S3 & S4 are most interesting). Already, GPL fans who are familiar with the Binary Driver debate will note the use of the term "shim".

(c) Development of the Novell Shim. Microsoft hereby grants to Novell a non-exclusive, non-assignable, non-transferable, royalty-free fully paid-up license

(i) under (A) Microsoft’s trade secrets and copyrights to internally use and reproduce the Microsoft HyperCall API Specification for the sole purpose of developing the Novell Shim; and (B) ***, under Microsoft’s trade secrets and copyrights (to the extent the Novell Shim is a derivative work of the Microsoft HyperCall API Specification), to ***; and

(ii) under Microsoft’s Necessary Claims, to (A) make and use the Novell Shim in Source Code and Object Code form, and (B) ***.

If and when Microsoft makes an implementation license for the Microsoft HyperCall API Specification publicly available, then Novell may enter into such license to obtain any additional rights that may be available thereunder.

This does give some more context to Stafford Masie’s statements at CITI regarding how one aspect of the deal was that Microsoft and Novell were teaming up to go after VMware.

(a paragraph or two before it cuts off.)
…virtualization is very very key, customers want to utilize Linux as either a host operating system with Microsoft as a guest operating system, or vice versa, and yes wea re going to support the XEN technology there, the XEN hypervisor technology, Microsoft is going to support it too. Yes, there is a competitive angle there, yes we’re coming at VMware yes yes yes we are, ok thats part of it because but we’re doing it in an open source way, so were going to support the XEN technologies in our server platforms and togther collaborate and ensure it works properly, supported properly, etc

Note that this is a "non-exclusive, non-assignable, non-transferable, royalty-free fully paid-up license", so this is not the reason that Novell has agreed to pay Microsoft royalties on open source software shipped under the agreement.

Novell is paying Microsoft royalties in exchange for a right-to-use license for their customers, just no one is quite sure what it is of Microsoft’s that they have a right-to-use.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

A Single Comment

  1. Roy Schestowitz said,

    May 30, 2007 at 2:52 pm

    Gravatar

    There’s more on this here:

    “This means that Microsoft can still sue individual SUSE Linux customers who are using products designed to replicate Microsoft products and that also infringe on Microsoft’s patents.”

DecorWhat Else is New


  1. Debian 11 on My Main Rig: So Far Mostly OK, But Missing Some Software From Debian 10

    Distributions of GNU/Linux keep urging us to move to the latest, but is the latest always the greatest? On Friday my Debian 10 drive died, so I started moving to Debian 11 on a new drive and here's what that did to my life.



  2. Stigmatising GNU/Linux for Not Withstanding Hardware Failures

    Nowadays "the news" is polluted with a lot of GNU/Linux-hostile nonsense; like with patents, the signal-to-noise ratio is appalling and here we deal with a poor 'report' about "Linux servers" failing to work



  3. Microsofters Inside Sirius 'Open Source'

    Sirius ‘Open Source’ has been employing incompetent managers for years — a sentiment shared among colleagues by the way; today we examine some glaring examples with redacted communications to prove it



  4. Links 29/01/2023: GNOME 43.3 Fixes and Lots About Games

    Links for the day



  5. The Hey Hype Machine

    "Hey Hype" or "Hey Hi" (AI) has been dominating the press lately and a lot of that seems to boil down to paid-for marketing; we need to understand what's truly going on and not be distracted by the substance-less hype



  6. IRC Proceedings: Saturday, January 28, 2023

    IRC logs for Saturday, January 28, 2023



  7. Unmasking AI

    A guest article by Andy Farnell



  8. The ISO Delusion/Sirius Corporation: A 'Tech' Company Run by Non-Technical People

    Sirius ‘Open Source’ was hiring people who brought to the company a culture of redundant tasks and unwanted, even hostile technology; today we continue to tell the story of a company run by the CEO whose friends and acquaintances did severe damage



  9. Links 28/01/2023: Lots of Catching Up (Had Hardware Crash)

    Links for the day



  10. IRC Proceedings: Friday, January 27, 2023

    IRC logs for Friday, January 27, 2023



  11. Microsoft DuckDuckGo Falls to Lowest Share in 2 Years After Being Widely Exposed as Microsoft Proxy, Fake 'Privacy'

    DuckDuckGo, according to this latest data from Statcounter, fell from about 0.71% to just 0.58%; all the gains have been lost amid scandals, such as widespread realisation that DuckDuckGo is a Microsoft informant, curated by Microsoft and hosted by Microsoft (Bing is meanwhile laying off many people, but the media isn’t covering that or barely bothers)



  12. This is What the Microsoft-Sponsored Media Has Been Hyping Up for Weeks (Ahead of Microsoft Layoffs)

    Reprinted with permission from Ryan



  13. [Meme] António Campinos Wants to Be F***ing President Until 2028

    António Campinos insists he will be EPO President for 10 years, i.e. even longer than Benoît Battistelli (despite having appalling approval rates from staff)



  14. European Patent Office Staff Losing Hope

    The EPO’s management with its shallow campaign of obfuscation (pretending to protect children or some other nonsense) is not fooling patent examiners, who have grown tired and whose representatives say “the administration shows no intention of involving the staff representation in the drafting of the consultant’s mandate” (like in Sirius ‘Open Source’ where technical staff is ignored completely for misguided proposals to pass in the dark)



  15. IRC Proceedings: Thursday, January 26, 2023

    IRC logs for Thursday, January 26, 2023



  16. Sirius Relegated/Demoted/Destined Itself to Technical Hell by Refusing to Listen to the Technical Staff (Which Wanted to Stay With Asterisk/Free Software)

    In my final year at Sirius ‘Open Source’ communication systems had already become chaotic; there were too many dysfunctional tools, a lack of instructions, a lack of coordination and the proposed ‘solution’ (this past October) was just more complexity and red tape



  17. Geminispace Approaching Another Growth Milestone (2,300 Active Capsules)

    The expansion of Geminispace is worth noting again because another milestone is approached, flirted with, or will be surpassed this coming weekend



  18. [Meme] Cannot Get a Phone to Work... in 2022

    Sirius ‘Open Source’ wasted hours of workers’ time just testing the phone after it had moved to a defective system of Google (proprietary); instead of a rollback (back to Asterisk) the company doubled down on the faulty system and the phones still didn’t work properly, resulting in missing calls and angst (the company just blamed the workers who all along rejected this new system)



  19. [Meme] Modern Phones

    Sirius ‘Open Source’ is mistaking “modern” for better; insecurity and a lack of tech savvy typically leads to that



  20. The ISO Delusion: Sirius Corporation Demonstrates a Lack of Understanding of Security and Privacy

    Sirius ‘Open Source’, emboldened by ISO ‘paperwork’ (certification), lost sight of what it truly takes to run a business securely, mistaking worthless gadgets for “advancement” while compelling staff to sign a new contract in a hurry (prior contract-signing scandals notwithstanding)



  21. Links 26/01/2023: LibreOffice 7.4.5 and Ubuntu Pro Offers

    Links for the day



  22. Links 26/01/2023: GNU poke 3.0 and PipeWire 0.3.65

    Links for the day



  23. IRC Proceedings: Wednesday, January 25, 2023

    IRC logs for Wednesday, January 25, 2023



  24. Companies Would Collapse Upon Abandoning Their Original Goals (That Attracted All the Productive Staff)

    Staff with technical skills won't stick around in companies that reject technical arguments and moreover move to proprietary software in a company that brands itself "Open Source"



  25. [Meme] Listen to Your Workers, Avert Disaster

    Companies that refuse to take input from staff are doomed to fail



  26. The ISO Delusion: When the Employer Doesn’t Understand the Company's Value Proposition (Building Systems) and Rejects Security

    Sirius ‘Open Source’ has failed to sell what it was actually good at; instead it hired unqualified people and outsourced almost everything



  27. Links 25/01/2023: NuTyX 23.01.1 and GNU Guile 3.0.9 Released

    Links for the day



  28. Links 25/01/2023: Stratis 3.5.0 and Many Political Links

    Links for the day



  29. New Record Low: Only One 'Linux' Article in ZDNet in More Than Two Weeks

    Only a few years ago ZDNet published about 3 “Linux” stories per day (mostly FUD pieces); now it’s a ghost town, painted in ‘alien green’; considering ZDNet’s agenda (and sponsors) maybe it’s better this way



  30. Links 25/01/2023: Pale Moon 32.0 and DXVK 2.1

    Links for the day


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

Recent Posts