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Novell Speaks (Groklaw)

Groklaw covers the latest back-and-forth between Novell and Microsoft, including Novell's open letter to the community: "We disagree with the recent statements made by Microsoft on the topic of Linux and patents. Importantly, our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property. When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents."
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Novell Speaks (Groklaw)

Posted Nov 21, 2006 13:53 UTC (Tue) by dune73 (subscriber, #17225) [Link]

"Never ascribe to malice that which is adequately explained by incompetence."
(Napoleon)

Otherwise, the Groklaw article comes with a nice twist.

Novell Sez

Posted Nov 21, 2006 14:30 UTC (Tue) by man_ls (subscriber, #15091) [Link]

Novell: "Ladies and gentlement, we have been shafted".

Novell Speaks (Groklaw)

Posted Nov 21, 2006 15:06 UTC (Tue) by lyda (subscriber, #7429) [Link]

Shorter Novell: I didn't know I was being an idiot.

Novell Speaks (Groklaw)

Posted Nov 21, 2006 16:10 UTC (Tue) by jstAusr (guest, #27224) [Link]

Shorter Novell: Baaah!, baa...

Novell Speaks (Groklaw)

Posted Nov 21, 2006 17:16 UTC (Tue) by b7j0c (subscriber, #27559) [Link]

Shortest Novell: exit(1)

News flash: Microsoft admits infringing Novell's patents

Posted Nov 21, 2006 17:16 UTC (Tue) by JoeBuck (subscriber, #2330) [Link]

It would have been smarter for Novell to point out that, if their agreement can be construed as an admission that Novell is infringing Microsoft's patents, then it must also be an admission that Microsoft is infringing Novell's patents, and not only that, but since most of the money was flowing in Novell's direction, that obviously the infringement by Microsoft is greater. Microsoft is known mainly as a copier of others' successful products, despite their claims to be an innovator, so we can confidently assume that they are infringing at least as many patents as Linux is, and furthermore we can confidently assume that they lack cross-licenses for many of those patents.

None of this excuses Novell for making this move.

News flash: Microsoft admits infringing Novell's patents

Posted Nov 21, 2006 17:49 UTC (Tue) by alonso (subscriber, #2828) [Link]

Yes! They exchanged a little of fud with 308 millions of dollars.

News flash: Microsoft admits infringing Novell's patents

Posted Nov 21, 2006 19:58 UTC (Tue) by nim-nim (subscriber, #34454) [Link]

No one cares that MS is infringing on someone else's IP. They've done it many many times and it never adversely affected their bottom line.

No one would care if Novell were infringing MS patents either, except they use the same FLOSS code as everyone else, so a public infrigement admission by Novell (now matter how they try to spin it) implicates many entities.

BTW, whatever patents MS wanted to use safely probably originate in Novell's proprietary WordPerfect or Directory products, so they're useless as defense for the community. In any case MS is safe and clear now - they've obviously spent more thought on the agreement wording than Novell.

Novell Speaks (Groklaw)

Posted Nov 21, 2006 17:49 UTC (Tue) by wilreichert (subscriber, #17680) [Link]

Hmmm, this isn't going well.

Patents and antitrust in Europe

Posted Nov 21, 2006 18:16 UTC (Tue) by ballombe (subscriber, #9523) [Link]

In my opinion, what really Microsoft is buying from Novell is support with its pro-patend effort in Europe and maybe support with settling theantitrust case. All the rest is smoke and mirror.

Translating corporate speak

Posted Nov 21, 2006 18:21 UTC (Tue) by dmarti (subscriber, #11625) [Link]

Corporate speak: "Our interest in signing this agreement was to secure interoperability and joint sales agreements, but Microsoft asked that we cooperate on patents as well, and so a patent cooperation agreement was included as a part of the deal."

English: "Microsoft asked for something so we gave it to them without thinking it through."

Corporate speak: "When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents."

English: "Unlike every other big-company partner deal ever made, we didn't agree to coordinate our public statements about this, so one side could turn it into a FUD frenzy."

Translating corporate speak

Posted Nov 21, 2006 18:53 UTC (Tue) by JoeBuck (subscriber, #2330) [Link]

Don't be so sure they didn't coordinate their initial statements. I wouldn't be surprised if some at Novell originally thought that they idea that it's only safe to buy Linux from Novell would help them. When it went over like a lead balloon, Novell apparently switched tactics and is now in damage control mode, but Microsoft has no reason to help them out. I also think that many key developers inside Novell are very unhappy with their management, though they feel contrained not to publicly bash the folks writing their checks.

Translating corporate speak

Posted Nov 21, 2006 22:45 UTC (Tue) by jtc (subscriber, #6246) [Link]

'English: "Unlike every other big-company partner deal ever made, we didn't agree to coordinate our public statements about this, so one side could turn it into a FUD frenzy."'

I'd say that both sides can turn this unto a FUD frenzy. Example - thought process of a high-level IBM exec.: "Interesting! MS said: 'Microsoft and Novell have agreed to disagree on whether certain open source offerings infringe Microsoft patents and whether certain Microsoft offerings infringe Novell patents....' and: 'At Microsoft we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products.' Reading between the lines, it appears that MS is fearful that its products violate patents that are legally used in Linux source code (such as those held by OIN and our own large patent library); and the last report from our patent-issue research team has verified a 97% chance that MS is violating some of the OIN patents and several of our own patents. Hmm, it's unlikely that Redhat and other Linux vendors will sign a similar agreement, but I think it would be wise for us to contact these companies and assure them that we are prepared to launch a (possibly preemptive, if the situation warrants it) legal attack on MS regarding their patent violations and that, given our immense resources and strong evidence of MS patent violations, these companies have little to worry about with respect to legal threats from MS. Now, I suppose, one of the first things we need to decide is: Should we launch an anti-MS FUD campaign about MS's patent violations to throw a big scare into MS's customers; or should we begin in earnest our preparations for a lawsuit against MS; or should we do both? Which alternative would damage MS the most and help Linux (and, thus, a main part of our business) the most?"

Disclaimer: Obviously, the above is speculation; and I am not an expert on technology and the law nor on IBM's or OIN's patent portfolio and potential MS violations. However, my guess is that this, or a similar, scenario is not particularly unlikely. (MS is pretty smart, so they may also have thought of this.)

Novell Speaks (Groklaw)

Posted Nov 21, 2006 19:38 UTC (Tue) by bronson (subscriber, #4806) [Link]

Didn't expect Microsoft's recent statements on Linux and patents?? Holy cats. How on earth DID they expect Microsoft to respond? With trust and love?

It seems like Novell doesn't quite understand the ramifications of the deal they just signed. Here's a suggestion Mr. Hovespian: give the 300 mil back, then sign a clearly worded deal that you DO understand. If you can't predict how your business partner will behave then you're in trouble.

Novell Speaks (Groklaw)

Posted Nov 21, 2006 20:27 UTC (Tue) by smoogen (subscriber, #97) [Link]

That won't happen. Novell is into "this will all blow over eventually". THey seem to need the cash more than community, and will figure that in 6 months people will forget when SLES-whatever comes out and tickles the newswires.

Novell Speaks (Groklaw)

Posted Nov 21, 2006 21:55 UTC (Tue) by niner (subscriber, #26151) [Link]

Maybe they're even right. I figure, that the people bashing Novell now aren't the ones contributing to Novell's projects anyway. So they may lose some credibility from Fedora fans. And if they weight that against 300 Mil. (and continuous payments from Microsoft licenses!) which they invest in their own developers, developing free software, one may not even say something against their chosing the latter.

Novell Speaks (Groklaw)

Posted Nov 21, 2006 22:17 UTC (Tue) by khim (subscriber, #9252) [Link]

and continuous payments from Microsoft licenses!

Microsoft pays once. The Novell must pay recurrent tribute.

And the problem is not "contributing to Novell's projects". It's problem of keeping all the infrastructure without outside help (GLibC, GCC, etc). The companies (like RedHat) and guys (like Ted Tso) who develop basic GNU infrastructure got notice. Now it look like few years down the road Novell will have no choice but to support fork of Binutils, GCC, GlibC, etc. Singlehandedly. Hardly a good prospect for struggling company.

Basically Novell signed deferred death warrant. Five years to be exact. Enough time to switch to other distributions IMO... And enough time to switch all Mono projects to Java (not that we had many Mono projects to begin with)... Thank god for small favors...

Novell Speaks (Groklaw)

Posted Nov 21, 2006 23:27 UTC (Tue) by job (guest, #670) [Link]

Microsoft pays once. The Novell must pay recurrent tribute.

So it's like a loan with interest then? :)

Novell Speaks (Groklaw)

Posted Nov 23, 2006 16:44 UTC (Thu) by GreyGeek (guest, #41838) [Link]

If their problems with the SEC over their recent Q-10 filings mean anything they certainly do need the cash. Because they were late with the filing their banker gave notice of a default on their $600M loan, and they've been delisted on the NASDAQ. They've filed temporary holding requests to forstall these events, but they haven't, AFAIK, haven't resolved them.

So, yes, Novell may be in deep financial dodo and needed the cash.

Novell Speaks (Groklaw)

Posted Nov 21, 2006 23:12 UTC (Tue) by jtc (subscriber, #6246) [Link]

Not exactly the same topic, but very related, I believe - from an article at (http://blog.seattlepi.nwsource.com/microsoft/archives/108...):

"What we agreed, which is true, is we'll continue to try to grow Windows share at the expense of Linux. That's kind of our job. But to the degree that people are going to deploy Linux, we want Suse Linux to have the highest percent share of that, because only a customer who has Suse Linux actually has paid properly for the use of intellectual property from Microsoft. And we took a quota, you could say, to help them sell so much Suse Linux. That's part of the deal. We are willing to do the same deal with Red Hat and other Linux distributors, it's not an exclusive thing. But after a few years of working on this problem, Novell actually saw the business opportunity, because there's so many customers who say, 'Hey look, we don't want problems. We don't want any intellectual property problem or anything else. There's just a variety of workloads where we, today, feel like we want to run Linux. Please help us Microsoft and please work with the distributors to solve this problem, don't come try to license this individually.' So customer push drove us to where we got."

This guy is better at bullshitting/propangandizing than Rove and the Bush administration! I suspect that, in reality, MS is smart enough to realize that IBM, with its large patent portfolio and strong support for Linux, poses a real threat to their business in terms of patent claims, and that they don't want to take the risk of unleashing this giant against them. They are, however, willing to take the risk of spreading FUD about the possibility - I wonder if that is wise.

(See my other post about a hypothetical scenario of an IBM exec's thought process. The same disclaimer in that article applies to this one.) If I'm wrong or have missed some important counterpoints, I'm happy to hear about it.

(From the same article:)

"But we haven't lost our -- well, you asked whether we'd sold out. I'll let you decide at this stage. We have been customer-focused."

It seems that MS sold out about 20 years ago and has stuck to that sold-out state up to the present, so there's no need to worry about selling out now - it's already taken care of. :-)

As PJ says

Posted Nov 22, 2006 0:26 UTC (Wed) by man_ls (subscriber, #15091) [Link]

It is very significant that you can write your own software, not taking code from anyone; writing only clean room implementations, and steering clear of logos and any other artwork available around. You try to work around known patents, and do not use the ideas expressed therein. The most you do is reverse engineer for the purpose of interoperability, which is explicitly permitted in the US and the EU. Furthermore, whenever you are notified of a patent violation (not utterly obvious) you try to work around it.

Even so, you can be accused of using somebody else's "intellectual property", and they say that you have to pay up or else. So they try to make you look like the bad guy. Incredible but true. Dare we remind Ballmer that GNU/Linux doesn't use code, logos, trademarks, trade secrets nor patents from Microsoft? And that protocols and formats are not "intellectual property" (other than trade secrets, which they certainly should not be -- as even the European Commission has learned)? In this case, I would choose malice.

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