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Novell Uses More Software Patents to Market Itself

Posted in Microsoft, Novell, Patents at 6:45 pm by Dr. Roy Schestowitz

Summary: Novell uses intellectual monopolies to make business

IN A PRESS release that we mentioned earlier today, Novell is seen bragging about dozens of patents on ‘cloud computing’. Many thanks to a reader for noticing the following part:

Based on more than 60 cloud-related patents and patent applications, the Novell® Cloud Security Service enables Cloud Providers and Software as a Service (SaaS) vendors to ensure their offerings meet the strict security and compliance standards required by global businesses.

This is typical.

To be fair here, IBM is also playing those sorts of games with software patents. Yet two negatives don’t make a positive (unless they are multiplied).

In other news about software patents, it is argued that even video games are now being polluted by them. It’s Microsoft again.

A bunch of folks keep submitting various versions of this story about how Microsoft has apparently received a patent on join-leave in split-screen multiplayer games. We see so many of these sorts of stories these days, it’s getting a bit tiresome to talk about them, but no less disappointing.

The weird Microsoft-attributed patent which we mentioned yesterday is receiving coverage at The Inquirer right now.

The problem was fixed and the patent is now owned by Kawneer. Sadly Microsoft never actually owned the rights to the butt clamp and has missed out on the licensing rights.

More than anything, this incident probably serves to show how messy the USPTO really is.

“Software patents have been nothing but trouble for innovation. We the software engineers know this, yet we actually have full-blown posters in our break-room showcasing the individual engineers who came up with something we were able to push through the USPTO. Individually, we pretty much all consider the software-patent showcase poster to be a colossal joke.” —Kelledin, PLI: State Street Overruled… PERIOD

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  1. DiamondWakizashi said,

    July 25, 2009 at 8:31 pm


    Maybe Novell would be doing as well as Red Hat if they had chosen to be a Linux company instead of a Mono/patent racketeering company.

  2. JohnD said,

    July 25, 2009 at 9:47 pm


    How about we list the number of times Novell has exercised it’s patent portfolio against Linux?
    I would rather have Novell owning patents then M$.

    DiamondWakizashi Reply:

    Novell could be the next SCO, never forget it’s a Microsoft bitch.

    JohnD Reply:

    Yeah, after they spent how much time and money FIGHTING SCO – they are going to turn around and do the same thing?
    Maybe in your universe, but not in mine.

    DiamondWakizashi Reply:

    Novell is Microsoft funded, it will comply with the wishes of it’s master.

    eet Reply:

    John, don’t bother with that kid. He is either behaving stupid just for the fun of it, or he is gone beyond words.

    JohnD Reply:

    So Microsoft wishes it’s “servant” to sue it?
    In a true master servant relationship I would think M$ would save itself money by telling it’s servant to end the suit.

    zatoichi Reply:

    Don’t you see, John? It’s obviously an exercise in disinformation, designed to gull people like you.

    And you fell for it hook, line and sinker, didn’t you?

    DiamondWakizashi Reply:

    That Microsoft/Novell lawsuit is a joke, it helps create an illusion that Novell is not a Microsoft subsidiary.

    It’s comical. It’s like the Windows division suing the Office division

    zatoichi Reply:


    —Bruce Willis as “Joe Hallenbeck” in The Last Boy Scout

    Mr. Wakizashi (is that a real name…? Mr. Hill is probably curious…), has anyone every pointed out to you that you’re assuming your conclusion?

    Your thesis is that Novell instituted a suit against Microsoft in 2004 so as to “create an illusion that Novell is not a Microsoft subsidiary” subsequent to their agreement with Microsoft, executed toward the end of 2006?

    How’s that work?

    JohnD Reply:

    The day these guys can pull the wool over my eyes I’ll give up computers completely.

    zatoichi Reply:

    Novell could be the next SCO, never forget it’s a Microsoft bitch.

    I’m not sure I even understand what this is supposed to mean. Is Novell going to assert that it holds the copyright on Linux, or something?

    That’d be interesting.

    (By the way, here’s some more grist for your little mill of theory, Mr. Wakazashi—if that is indeed your real name—I happen to reside in Santa Cruz, the little oceanside paradise from which the SCO Group derives its name.

    Coincidence or conspiracy? You decide!

    “We can place you in Queens on the night of the hijacking, smart guy!”
    Really? I live in Queens.”

    —Chris McQuarry and Kevin Pollak as “Cop” and “Todd Hockney” in The Usual Suspects

    (“Microsoft bitch”? Do you have issues with women, Mr. Wakizashi…? I mean, with a name like that, one can’t help but wonder whether you’re trying to, shall we say, prove something to someone or other. You do know, I hope, that the wakizashi is the shorter one. I mention this only in passing.)

    roadelland Reply:

    astralknight (or whatever nym he’s posting under) uses the “microsoft bitch” all the time.

    zatoichi Reply:

    I’m just wondering whether this guy believes in time travel or that this “conspiracy” of his is even more vast than we’d suspected.

    I’m also wondering why he’s so interested in showing off his sword, but that’s just my own morbid curiosity…

    DiamondWakizashi Reply:

    “Your thesis is that Novell instituted a suit against Microsoft in 2004 so as to “create an illusion that Novell is not a Microsoft subsidiary” subsequent to their agreement with Microsoft, executed toward the end of 2006?”

    In the beginning it was real, but is now only continuing for PR reasons. It continues so people like you can claim Novell is not a Microsoft subsidiary and Linux should use it’s Mono poison.

    zatoichi Reply:

    So…why doesn’t Microsoft let Novell win and receive damages for some large amount of money or other concessions?

    elland road Reply:

    Lefty, watch out how you respond to diamondwakizashi or Roy will delete your account like he did mine. Roy is apparently protective of certain people on this site.

    JohnD Reply:

    It’s probably his little brother or something. Of course there’s not much point to having the site if you can’t cultivate a following. After all no one wants to feel alone.

    Roy Schestowitz Reply:

    @elland road,

    No, it’s because you are here to insult me (and everyone else). It’s against the policy and nothing to do with this one thread.

    elland road Reply:

    I had a really good reply typed up. When I tried to submit it, imagine my complete lack of surprise to find out my account had been deleted again, even though your site said I was logged in and refreshing the page still gave me the impression I was logged in. You really do need to take a few web design classes.

    You don’t want me to post here? Fine. You want to oppress me? Fine. You want to play favorites with the people that support you. Do it. You want to make up lies about why you deleted my accounts, go right ahead. I really didn’t care enough about you and your hatemonger site to do anything about it before other than post a few comments now and then, but I do care now. I’ll just be working “behind the scenes” from now on.

    Take those words any way you want, because that’s what you do.

  3. JohnD said,

    July 26, 2009 at 11:59 am


    So where is all the publicity of this lawsuit? Why dump money into lawyers for a “fake” lawsuit when they could just dump the money directly into PR or astro turfers?
    I think it’s time you add a few more layers to your tin foil hat.

  4. DiamondWakizashi said,

    July 26, 2009 at 1:04 pm


    “So…why doesn’t Microsoft let Novell win and receive damages for some large amount of money or other concessions?”

    Don’t tell people how it ends, you will spoil the surprise.

  5. DiamondWakizashi said,

    July 26, 2009 at 1:09 pm


    “So where is all the publicity of this lawsuit?”

    It has publicity, we wouldn’t be discussing it if it didn’t.

    “Why dump money into lawyers for a “fake” lawsuit when they could just dump the money directly into PR or astro turfers?”

    They obviously chose to do both.

    “I think it’s time you add a few more layers to your tin foil hat.”

    I think it’s time you supported a REAL Linux company.

    JohnD Reply:

    We’re talking about it because I brought it up, not because it’s headline news.
    I do support a REAL company – it has a tax id and everything.
    Perhaps if you take some business classes you’ll learn that REAL companies don’t intentionally burn money on lawyers.

    DiamondWakizashi Reply:

    “Perhaps if you take some business classes you’ll learn that REAL companies don’t intentionally burn money on lawyers.”

    Are you unaware of Microsoft ally SCO?

    JohnD Reply:

    While it is possible that M$ gave SCO money to help it with the lawsuits it obviously wasn’t enough to cover ALL the costs of the suits. Since SCO is in bankruptcy it shows M$ isn’t willing to spend more then it has to. Also SCO was never a M$ “bitch” or “subsidiary”. SCO filed the suits BEFORE M$ got involved. M$ was simply trying to get SCO to do the dirty work and probably gave them a bare minimum to keep up the suits. If Novell is truly a M$ “bitch” or subsidiary, it means M$ owns the rights to Unixware. Oh NO!!!!
    Your “logic” bears a strong resemblance to swiss cheese.
    The day Novell files suit against the Linux community for patent infringement – I’ll post a statement confirming your ability to see things others can’t. Until that day I’ll assume you’re young enough to know everything.

    DiamondWakizashi Reply:

    Microsoft can’t give too much support to it’s beloved SCO or the illusion of innocence it works so hard to maintain will be ruined. But their SCO support does continue………

    “Link Found Between Potential SCO Rescuers and Microsoft”


    Novell is failing:

    “Novell Is Bleeding to Death”


    Novell is contemptuous of Linux, it’s very likely they will become the next SCO in an attempt to gain more money using sleazy patent racketeering.

    JohnD Reply:

    Right because the company with monopoly is sooooo worried about what the FOSS community thinks.
    Please posting links to other posts on this site is not PROOF of anything. Especially when you can spend 20 minutes going through all the previous post links before you even find a link to a source outside this site.
    In case you missed it – Novell posted a profit last quarter. Bucket games or not the company either brought in more money then it gave out or it didn’t. Changing how you group products won’t change how much money those products brought in. A company with almost a billion dollars in cash in the bank is hardly on the “brink of bankruptcy”.
    So Novell is now in self loathing? They switched from Netware to Linux as their primary platform, so if they sue others for infringement they are essentially suing themselves – that’s one for the legal record books.
    When you can show me REAL evidence that Novell is using it’s patent portfolio to extort money from Linux companies – I’ll start to listen to you. And before you say it no Microsoft and Novell are not the same company so just because M$ is doing it doesn’t mean that Novell is doing it.
    I’ve allowed this thread to get too far a field from the original post topic so I’m not going to indulge you further on this thread.

    Andrew Macabe Reply:

    “Right because the company with monopoly is sooooo worried about what the FOSS community thinks”

    Exactly, Bill Gates said so.

    JohnD Reply:

    So now we’re supposed to TRUST what Billy says, is that right?
    I’m declaring this horse dead.

  6. aeshna23 said,

    July 26, 2009 at 10:36 pm


    I respect intelligent opposition and challenging questions. I don’t respect people who want to impeach a president over a blow job or what passes for attacks on Roy’s logic among these comments. I’m beginning to understand why Roy is more intolerant than I would ideally want people to be.

    JohnD Reply:

    Clinton was impeached because he lied UNDER OATH, not because he got a blow job. Had it been John Q Public who lied UNDER OATH he’d have been locked up. Personally I think anyone who claims to be acting in the best interest of the general public should be held to a higher standard. Said person should not only listen to different opinions, but he should welcome them. Additionally he should always be willing to reexamine his opinion and change his stance as circumstances change.
    Blind adherence to any belief, no matter how well intentioned, will eventually lead to disaster.

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