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Novell's IRC session on the Microsoft deal

The following is a transcript of Novell's question-and-answer IRC session about its deal with Microsoft, held on November 27.
<henne> Welcome to the Microsoft/Novell QA Session!
<henne> This meeting is meant to discuss the Microsoft/Novell Collaboration.
<henne> We will try to answer as many questions as we can for round about one
	hour.
<henne> After that we will try to answer all question that got posted in the
	wiki.
<henne> Some technicalities: [10:02]
<henne> This channel is moderated during the time of the session.
<henne> But it has +z set so the operators (but nobody else) can see what
	youre writing.
<henne> So if you have a question or remark just write it.
<henne> The moderator then will give you a voice and you can repeat your
	question for everyone.
<henne> ok lets go :)
<henne> first question please? [10:03]
<aka_druid_> at least 100% of the fellows in suse Ive asked
<henne> aka_druid_: please repeat
<aka_druid_> my question is: why nobody in suse fomr technical staff was aware
	     of the deal?
<aka_druid_> I mean, most people we talk from opensuse devel werent aware til
	     the very last moment [10:04]
<aka_druid_> thats all, thx
<AJaeger> aka_druid: I was planned to get briefed on the tuesday before but
	  was flying at that time.
<AJaeger> aka_druid: A couple of others were briefed - and I was briefed
	  finally a few hours before.
<Nat_> Just to add something to AJ's answer [10:05]
<Nat_> I was aware of discussions with Microsoft for a number of months
<Nat_> Big companies are often talking to each other, though, and I didn't
       know if this conversation would go anywhere
<aka_druid_> AJaeger: that meaning nobody from technical ahd anything to do,
	     to add to elaborate about the deal? They didnt help constructing
	     it?
<aka_druid_> only got a notice from suits "hey we did this"
<Nat_> There weren't technical people in the meetings in Redmond negotiation
       it, but we were asked for our input and made aware of the deal.  And a
       bunch of people were told a week or so before the deal was announced.
<Nat_> negotiating*
<Nat_> In general for huge deals like this, you try to keep the number of
       people involved low or suddenly the whole industry is talking about it,
       so I'm not surprised that there was an open discussion on a maliing
       list about this :-)
<henne> aka_druid_: does that answer your question? [10:07]
<aka_druid_> ok, so next question heh
<aka_druid_> henne: ya
<henne> Tassoman: please repeat
<Tassoman> OK thanks, and hi to all: Did you enjoyed Shuttleworks openletter?
<AJaeger> Tassoman: No, I didn't.
<AJaeger> Tassoman: you should have seen my reply  or my blog entry.
<AJaeger> Tassoman: I understand that he does not agree with the deal but this
	  was one step to far IMO.
<henne> Tassoman: does that answer your question?
<Tassoman> Sorry but I didn't read the blog.
<Tassoman> BTW, I thinks it answered my question
<Tassoman> thanks
<AJaeger> Tassoman: http://www.novell.com/coolblogs/?p=648
<henne> tolyluis: please repeat
<tolyluis> what do you think about FSF's announcements about GPLv3? Sorr for
	   my poor english
<Nat_> Well, the GPL3 process has been underway since the beginning of this
       year.
<Nat_> The FSF and Eben Moglen and the Software Freedom Law Center put
       together a process with four  separate committees to discuss what needs
       to be in GPLv3 [10:11]
<Nat_> Committees A, B, C and D
<Nat_> A is big open source projects, B is big companies, C is users and
       smaller companies, and D is individuals and "other"
<Nat_> So A includes, for example Samba
<Nat_> Novell has representatives in both committtees A and B, and we have
       been talking to Eben about the FSF about the GPLv3 for a long time
<Nat_> we're glad that they committed to making the writing of GPLv3 an open
       process
<Nat_> We think it's better if the GPLv3 is accepted by lots of companies and
       individuals and projects
<Nat_> Lately Eben and Richard and others have made some statements that they
       will "invalidate" the Novell/MS deal with GPLv3
<Nat_> We're not exactly sure what they mean by that, because so far these are
       just vague statements
<Nat_> We'll be interested in seeing the wording they are proposing for GPLv3
									[10:13]
<Nat_> We're glad they're talking about GPLv3, also, because it means that
       they don't think there are any incompatiblities between GPLv2 and the
       covenants issued by Novell and Microsoft.  We invited Eben to our
       offices in Waltham and he read the entire Microsoft/Novell agreement
<Nat_> and if you want to understand what are the promises that Microsoft has
       made to Novell customers, you can read those on microsoft.com/interop
<Nat_> Does that answer your quesiton?
<Nat_> question*
<tolyluis> yes thanks [10:14]
<Nat_> Sure :-)
<henne> JBarr-OSTG: please repeat
<JBarr-OSTG> Will any changes be made to the MS/Novell agreements because of
	     the uproar about them?
<Nat_> Well there's definitely one thing that we've asked Microsoft to look at
									[10:15]
<Nat_> During the discussion with them we asked Microsoft to make a promise
       not to sue individual developers, ever, for patent infringement
<Nat_> And we were pleasantly surprised that they were very open to doing this
<Nat_> The "individual non-commercial" covenant that you can find on their web
       site is the result of that discussion
<Nat_> Personally I think it falls very short of the mark
<Nat_> I don't think it covers enough people [10:16]
<Nat_> or enough activities
<Nat_> I think it's a big step that MS is going out there and saying "we're
       not going to sue individuals"
<Nat_> and they're saying this in a legally binding way
<Nat_> some people have said "MS was never going to sue individuals"
<Nat_> but just look at the RIAA in the US
<Nat_> which is suing 15 year olds and 95 year old grandmas on a regular basis
       these days
<Nat_> So we're glad MS started from that sentiment
<Nat_> but the execution stinks so far, and we've asked them to update that
       covenant
<Nat_> and they are working on it.  they're going to send us a draft this week
<Nat_> you even have one MS employee, Jason Matusow, asking for public comment
       about these covenants on his blog
<Nat_> So that's one area of the agreement that we have asked MS to change
<henne> JBarr-OSTG: answered? [10:18]
<darix> question answered?
<JBarr-OSTG> yes, thanks
<henne> corbet: please go ahead
<AJaeger> Here's the URL from Jason:
	  http://blogs.msdn.com/jasonmatusow/archive/2006/11/11/your-input-requested.aspx
<corbet> Novell claims to have not acknowledged any patent infringements
<corbet> by Linux.  But Novell is now paying a tax to Microsoft on the
<corbet> Linux distributions it ships.  What, exactly, is Novell paying
<corbet> for?
<Nat_> We're paying for the promise that Microsoft made to our customers not
       to sue them
<corbet> Not to sue them for *what*?  For problems you don't acknowledge
	 exist? [10:20]
<Nat_> Well, we put together an agreement with MS to make Linux and Windows
       work better together
<Nat_> Now, as everyone knows, MS has spent the last 10 years saying negative
       things about Linux
<Nat_> including implying that there are IP issues in Linux
<Nat_> It didn't make sense for us to do a partnersihp with MS on
       interoperability issues and still have this patent cloud hanging around
       for our customers
<Nat_> and so MS asked us to put together a patent agreement as well.
<Nat_> And so, we promise MS's customers that we won't sue them and they
       promise the same thing to our customres [10:21]
<Nat_> They pay us for our promise and we pay them for their promise
<Nat_> It doesn't matter if the allegations from MSFT are true or not
<Nat_> People can sue each other anyway, and a patent lawsuit is very
       expensive to defend against
<henne> corbet: does that answer your q.?
<corbet> Almost...
<henne> that means?
<corbet> How did you come up with the value for the "promise" that Microsoft
	 made?  
<Nat_> I have no idea how they did that [10:23]
<Nat_> That's above my pay grade :-)
<Nat_> In general when it comes to patent questions
<Nat_> you look at two things
<Nat_> 1. The patents that the patent holder has
<Nat_> 2. The business over the person who wants patent protection or coverage
<Nat_> And the dollar amount is usually a function of these two values
<Nat_> So for example, you might only hold one patent [10:24]
<Nat_> but if you sue company X for infringing your one patent, and company X
       makes $1 billion/year in revenue based on their product that infringes
       your patent
<Nat_> then even though you only have one patent, you can extract a lot of
       money from company X
<Nat_> So I'm guessing the team that put together the deal considered both the
       MS and the Novell revenue
<Nat_> You notice that the balance of payments is heavily in NOvell's favor
									[10:25]
<Nat_> I.e. MS are giving us much, much more money than we are giving them
<corbet> So how was part (1) done here?  Which patents were looked at?  That's
	 what I've been driving at here...
<Nat_> Novell has a few hundred patents, and MS has thousands.  So you can
       guess that the quality of the patents and the revenue streams of both
       companies were considered
<Nat_> corbet: I'm just talking in general about patents and money, not
       talking about how the MS/Novell deal was constructed [10:26]
<henne> corbet: Nat just said. he wasnt involved in that process
<Nat_> corbet: again, I'm not sure how they came up with those numbers
<Nat_> I wasn't involved in that
<henne> okay to be fair the next question
<corbet> OK, well, thanks, I'll step aside now.
<henne> suka: please go ahead
<suka> Most of the Novell engineers were suspiciously quiet about the deal
       with MS, so would you say it is fair to interpret this as a sign of
       silently not-agreeing with it? Or asked more directly: Do you think
       this was the right thing to do?
<AJaeger> I wanted to say something directly - and was on the IRC channel
	  afterwards.
<AJaeger> I listened to the webcast and started writing my blog - and went to
	  bed.
<AJaeger> next morning the MS Covenants were out and confused me - and I guess
	  a lot of others.  So, we had some internal discussions..
<Nat_> I think people have overreacted to this deal
<Nat_> I guess because it involves the words "Microsoft" and "patents"
<Nat_> I think a few major things happened here [10:30]
<Nat_> 1. Novell got Microsoft to acknowledge that Linux is an important part
       of IT, and that customers need it.
<Nat_> This is a huge step forward from where things were before.
<Nat_> Compare this to "Linux is a cancer" from not that long ago.
<Nat_> 2. Novell cut a good business deal for itself.
<Nat_> Novell gets a lot of revenue out of this, and we'll be able to invest
       some of that in engineering, in openSUSE, in making Linux great.
<Nat_> 3. Windows/Linux interoperability will improve. [10:31]
<Nat_> We're going to write new virtualization code, new Open XML code, and
       release it all as open source.
<Nat_> We contribute heavily to open source already, but now we can do more
<Nat_> Now, to address people's concerns
<Nat_> 4. This deal does not take anything away from anyone
<Nat_> Microsoft promising not to sue Novell's customers does not mean that
       they are promising TO sue anyone else [10:32]
<Nat_> I know people like to look at the "negative space" on this because
       everyone implicitly thinks Microsoft are legal geniuses and can't be
       trusted
<Nat_> But the fact is, nothing has been taken away
<Nat_> No useful legal precedent has been created.
<Nat_> A judge will never look at this deal and say "Okay, your patents are
       all infringed by Linux ,Mr. Ballmer"
<Nat_> So I think all the cries that Novell has hurt the community are simply
       not true [10:33]
<Nat_> 5. This deal does not violate GPLv2.
<Nat_> Eben Moglen read our agreement and hasn't said a thing about GPLv2
       violation.  It's abundantly clear that he doesn't think there is any.
<Nat_> Instead, he and Richard are using the community energy to try to get
       people to adopt the previously-controversial GPLv3  (which we support
       also)
<Nat_> 6. Ballmer has been FUDding Linux o nIP issues for years [10:34]
<Nat_> This deal didn't change anything on that front, obviously.
<Nat_> Ron (our CEO) published a nice letter the other day contradicting
       Ballmer's statements.
<Nat_> So, net-net, MS acknowledges Linux, we improve interop, Novell gets
       more money into Linux
<Nat_> And nothing is lost from a legal perspective.
<Nat_> People say "you're dividing the community!"
<Nat_> But I think the people who make too much of this, who shun Novell,  are
       the ones dividing the community.
<darix> did this answer the question?
<Nat_> Okay
<Nat_>  I'md one :-)
<suka> Nearly. Nat: You were talking about re-investing the money in openSUSE:
       Something to back that up? What will we get? More paid engineers?
<Nat_> suka: "Stay tuned."  I hope so :-)
<darix> suka: more buildservice engineers!:)
<suka> Ok, thanks :)
<darix> i've heard so
<henne> ok next question
<henne> bgerber: please go ahead
<bgerber> What is Novells stance on GPLv3?  Will it be used by Novell?
<Nat_> GPLv3 doesn't exist yet
<Nat_> we haven't seen a near-final draft yet
<Nat_> So it's hard to say.
<bgerber> You are still making changes so Novell is able to use it? [10:37]
<Nat_> Some projects will adopt it, and some of those are really critical to
       what we do -- glibc for example.
<bgerber> What about Novell sponsdered project?
<Nat_> We are very happy with GPLv2 and it looks like hte kernel will probably
       stick with that.
<Nat_> bgerber: The license we use depends on what we're trying to accomplish
<Nat_> We have some X11 licensed code, for example the Mono class libraries.
									[10:38]
<Nat_> X
<Nat_> etc
<adrianL> bgerber: the reasons why GPLv3 is not liked for Novell is also valid
	  for other companies. So, in the current state it would not be used
	  by a large number of companies atm, I fear
<Nat_> That's a good point adrian
<Nat_> Also one thing to consider is indemnification being offered by other
       companies
<bgerber> yes I agree I dislike the DRM
<henne> bgerber: youre sitting in a room with AJaeger. who works heavily in
	the glibc steering comitee. so novell sponsored...
<Nat_> So for example, Red Hat and Oracle both claim to offer patent
       indemnification to their customers
<Nat_> So if you are customer A, and you buy Linux from one of those
       companies, they promise to step in and protect you from any patent
       lawsuits [10:39]
<Nat_> But that promise is only for their customers
<Nat_> so if you make a copy of the software and give it to customer B, who
       did not pay Red Hat or Oracle, the promise does not extend to customer
       B
<Nat_> this is extremely similar in concept and in form to the promise MS is
       making to Novell's customers
<Nat_> So my guess is that GPLv3 will need to be compatible with the existing
       business practices of all those Linux companies [10:40]
<Nat_> (HP offers that too I believe)
<bgerber> I understand that.  I insist my clients buy, what is needed from
	  Novell for their business needs
<henne> :)
<hd41> Thanks for that!
<henne> bgerber: question answered?
<bgerber> yes
<henne> ok next one
<tonz> are there any benefits for the whole open source community from this
       deal?
<Nat_> A few [10:41]
<Nat_> We are collaborating with Microsoft on a few different interop areas
<Nat_> We'll be adding Open XML support to OpenOffice, building a
       virtualization shim to run SLES optimized on Veridian and Vista on Xen
<Nat_> We'll also be working together on WS-Management [10:42]
<Nat_> All this code will be released open source
<Nat_> so everyone gets that, and can benefit from it
<Nat_> (By the way, in that process, we don't plan to add MS-patented code to
       our contributions)
<Nat_> (Our policy on that is unchanged -- and MS didn't give us the right to
       do that anyway!) [10:43]
<henne> tonz: answered?
<tonz> yes, thanks
<Nat_> Also I think it's good that MS acknowledges Linux
<Nat_> and we want that individual covenant from MS to be better, so that all
       the hackers of the world know for certain that they won't be sued
<henne> the_dude: your turn
<the_dude> ok, i think this agreement creates a  perception that novell/suse
	   is moving away from the opensource communitiy, what will novell do
	   to keep users from migrating away to other distributio
<the_dude> ns
<the_dude> fine
<henne> ;)
<Nat_> We're not moving away from open source at all!
<the_dude> i did not say that
<Nat_> Okay :-) But we have to remind everyone of that [10:45]
<Nat_> I think there are a lot of misunderstandings out there
<Nat_> and we need to clear those up
<Nat_> like we're doing here
<Nat_> also, I think people choose Linux distributions because they're good,
       because they work well.  we're going to keep working hard to make SUSE
       the best Linux distribution on the planet :-)
<the_dude> all i know is how my peers talk about it
<the_dude> and the talk is in general not postive [10:46]
<darix> the_dude: sure. but you can also try to clear up the
	missunderstandings. :)
<AJaeger> the_dude: Do you have any ideas on how to change their mood?
<Nat_> Yeah, we're open to ideas on this one
<the_dude> hmmm ..
<the_dude> i was hoping you'd help me on this one :)
<Nat_> Well, point them to our public answers, have them send us emai lwith
       their questions
<the_dude> fair enough [10:47]
<Nat_> again, we think a lot of people have gotten overexcited about this
       because they don't understand it
<darix> the_dude: done?
<the_dude> sure
<the_dude> thanks
<henne> dotan: your turn
<dotan> I guess Nat answerred it [10:48]
<dotan> thanks anyway
<Nat_> Heh
<Nat_> You can ask another one if you want
<dead_rose> How this deal going to affect me, not a developper but a technical
	    user who is using SuSE to make a living pushing out Microsoft from
	    SMB datacenters and desktop users, by replacing it with opensource
	    solutions ?
<henne> we still have a lot of questions in the queue
<hd41> It will help you quite a bit, first it will give confidence to your
       customers that Linux and Windows will be working together [10:49]
									[10:50]
<hd41> and second it will give them a much more secure environment then the
       Windows boxes they run
<hd41> (You see, we are still competing!) [10:51]
<darix> dead_rose: answered?:)
<dead_rose> hmmm sure
<darix> dead_rose: if there is anything unclear just say it. :)
<Nat_> Let us know if we can help you in other ways :-)
<Nat_> We support your mission :-)
<dead_rose> Is it Novell gonna protect me ? [10:52]
<dead_rose> in case Microsoft put the hounds after me
<dead_rose> ok 10x [10:53]
<Nat_> We will do everything we can to support you :-) Novell offers
       indemnification to our customers, MS promises not to sue Novell
       customers, and Novell has invested heavily in the Open Invention
       Network which protects EVERYONE against patent lawsuits.
<Nat_> By the way, Novell didn't need protection from the OIN itself.  We
       already had hundreds of patents.  But we invested anyway -- effectively
       giving protection to all the other Linux companies.
<darix> done?
<dead_rose> Yes but this is not a patent infrigment but an attack on some biz
	    area ! [10:54]
<Nat_> If you are trying to kick Windows out
<Nat_> and put Linux in
<Nat_> we will do everything we can to help you!
<dead_rose> I guess I am not the only one !
<Nat_> :-)
<darix> dead_rose: as ballmer said: we are still competing in the business. :)
<henne> dead_rose: question answered now?
									[10:55]
<dead_rose> 10x nat ... I apreciate your effort to come in here
<dead_rose> 100% ok
<darix> next!
<henne> idra: go ahead
<idra> ok a question again on the deal itself
<idra> What does get form the deal? so far you told us what's the Novell pros,
       and what happen if MS does not keep up the promises?
<idra> I mean how novel can react if MS sues a Novell customer anyway?
<Nat_> We will make fun of them in public
<Nat_> :-)
<Nat_> I'm not exactly sure what the provisions are on breach of contract
									[10:57]
<Nat_> in this deal
<Nat_> but usually it's a pretty serious thing
<Nat_> Also, the covenants MS is offering are not secret
<idra> and how Novell can react if MS drag its feet and do not really help
       much for interoperability? Or worst help only in one direction Linux ->
       Windows
<Nat_> you can go to microsoft.com/interop right now and read them
<Nat_> they are promises Microsoft is making to all Novell customers
<adrianL> idra: Novell can sue MS, if MS does it , but the customer has to
	  tell us
<Nat_> and MS intends them to be legally binding
<Nat_> I doubt that will happen idra [10:58]
<Nat_> Doesn't seem likely.
<idra> sorry guys, I've read all the material, I am asking question that are
       not answered by that material
<hd41> On interoperability Microsoft has already started to work with us. We
       have engineer to engineer talks around Lohnhorn's hypervisor already
       and are starting with real work soon!
<idra> Nat_, well MS history speaks clearly about that but if you think this
       case will be different I accept your answer
<Nat_> Everyone thinks MS are these geniuses who always put together
       bulletproof deals
<Nat_> but history speaks otherwise on that., too [10:59]
<Nat_> Remember the case where Microsoft sued Lindows for trademark
       infringement?
<hd41> The customers who have asked for interoperability are very powerfull
       cusomters even from a Miscoroft perspective.
<Nat_> The judge who oversaw the case ended up calling into quesiton the
       Windows trademark itself
<idra> (I was referring to cooperation btw)
<Nat_> Microsoft essentially lost in the US
<Nat_> and ended up paying Lindows a HUGE $24million settlement
<Nat_> and all Lindows had to do was change the name
<Nat_> The whole deal was supposed to be secret
<Nat_> but then Lindows (now Linspire) was compelled by the SEC to reveal the
       secrets of the deal [11:00]
<Nat_> as a material financial event for Linpsire, which was going public at
       the time
<Nat_> So... here you have MS suing a small company
<Nat_> and the result is, they pay $24 million, their secrets aren't kept, and
       the Windows trademark itself is questioned
<Nat_> This does not sound like the work of geniuses
<Nat_> there are numerous examples like this
<Nat_> so I would turn the paranoia knob down one notch :-) [11:01]
<idra> I've aked specifically what
<Nat_> We are glad to be partnered with Microsoft and are really glad they
       want to work together with us to make Linux/Windows interoperability
       function better
<idra> Novell can do in case Microsoft don't respect these 2 promises
<Nat_> idra: I don't know, that's part of our contract I'm sure.  It would be
       breach of contract, which is usually pretty serious. That's a detail of
       the deal which I'm not privy to.
									[11:02]
<Nat_> It would look really bad for MS though, I'm sure.
<henne> okay next question idra?
<hd41> We have all the ways available between two parties of a contract,
       nothing special we are aware of.
<idra> the only one unaswered, is what are the pros for MS ?
<darix> idra: novell holds some patents aswell.
<idra> darix, that's the only pro for MS ? [11:03]
<hd41> They are satisfying their large customers who have pushed them towards
       this.
<hd41> For all other motives I think you need to ask them.
<henne> idra: questions answered?
<idra> yes
									[11:04]
<henne> okay one little adimistrative thing :)
<henne> we have spend one hour now
<henne> i will not accept new questions
<henne> but only empty the queue
<henne> so we have time to answer the questions from the wiki
<henne> netmask: go ahead
<netmask> (Q) I still have old mail/blogs to read but as far as I've already
	  gathered Microsoft won't sue individuals if they code and use
	  patented code at home and don't distribute. ZDNet says "it's worst
	  than useless". Some GPL advocates claim that the non-sueing
	  agreement should apply to all users/developers, even if they don't
	  use SLE(S/D). How is the discussion on this area? Is Novell
	  interested in extending the deal to non-Novell Linux users?
<Nat_> Good quesiton, we covered this one earlier in the hour [11:05]
<Nat_> I agree that the individual covenant from Microsoft is not good enough
<Nat_> We've asked MS to broaden it
<Nat_> They want to make it broader, to make it work for the community
<Nat_> We're working on that with them now
<Nat_> I hope we have results soon :-)
<netmask> so no news for now?
<Nat_> Nothing yet
<netmask> thanks
<Nat_> Sorry, thanksgiving interrupted the work
<henne> tolyluis again
<tolyluis> last question?
<darix> tolyluis: just ask your question
<tolyluis> what Novell think about patents?. Do you want to go on here in
	   Europe?
<Nat_> By the way, I recommend everyone read our FAQ on this deal if they
       haven't already
<Nat_> http://www.novell.com/linux/microsoft/faq_opensource.html
<Nat_> tolyluis: we have a public patent statement on that [11:07]
<Nat_> http://www.novell.com/company/policies/patent/european.html
<Nat_> In short, we think article 52 of the european patent covention is good
       as it stands
<henne> tolyluis: you had another one
									[11:08]
<henne> tolyluis: another question i mean
<tolyluis> no i dont for now sorry
<henne> okay
<henne> mcxx: please go ahead
<mcxx> Do you fear openSUSE developers will migrate to other distributions, as
       proposed by Shuttelworth. Why/why not?
<adrianL> I do not fear Shuttleworth, because people who fear that openSUSE
	  might violate GPL will notgo to a distro which actually is doing
	  it. ;)
<mcxx> But they don't need to switch to Ubuntu.
<Nat_> Also openSUSE is clearly a great distribution.  We're glad Ubuntu is
       out there too -- the more the merrier -- as the pie is plenty big
       enough for all of us.
<adrianL> of course there is always a risk that people will switch because of
	  decisions, but there is also always the chance that others switch to
	  because of this reason in the opposite direction
<henne> mcxx: question answered?
<mcxx> yes, thanks
<adrianL> mcxx: we can be frigthend now, but only the time will tell ...
<henne> Tsuroerusu: please go ahead [11:12]
<Tsuroerusu> >If< this deal is going to violate GPLv3, is Novell willing to
	     fork all the last GPLv2 versions of the libaries and components
	     needed to put a distribution out the door (glibc, gcc etc. etc) ?
<darix> we should work on creating a good 10.2 so they stick to suse.
<Nat_> Obviously we don't want to spend our time forking and maintaining
       parallel branches of glibc, gcc, etc
<Nat_> But it's really hard to discuss GPLv3 considering it doesn't exist yet
<Nat_> And despite these ominous and threatening statements from Eben and
       Richard, we don't know what form it will take [11:13]
<Nat_> The way I heard their statements, they were more of a threat to
       Microsoft than to Novell.
<Nat_> Anyway, that's a hypothetical question that is hard to answer without
       the details.
<AJaeger> Let's wait for the next draft of GPLv3.
<Tsuroerusu> OK, one more thing
<henne> a tiny one i hope ;)
<henne> go ahead [11:14]
<henne> faster
<Tsuroerusu> Excuse me, my keyboard sucks, hang on ;)
<henne> hm
<Nat_> I also just want to say, for the Ubuntu question, I think it's best for
       Linux if we all focus on taking users from Microsoft instead of
       shifting them between Linux distributions.
<darix> Tsuroerusu: just a reminder: you only have roughly 480 chars ;)
<Nat_> Also, there are a few billion people out there who hvaen't even chosen
       an operating system yet
<Nat_> that leaves a lot of room for all of us.
<Tsuroerusu> Nat_: You said earlier that you still were gonna work on making
	     SUSE the best distro, well, how about giving permission or
	     whatever is needed to allow ZMD, rug etc. to be taken out of
	     openSUSE I have had so many curse words about ZMD and stuff that
	     it would offend you.
<AJaeger> Tsuroerusu: Get 10.2 ;-) [11:16]
<Tsuroerusu> AJaeger: It's still default, and that's the problem ;)
<Tsuroerusu> I want it fed to the dog
<Tsuroerusu> :P
<AJaeger> By default you get the "Enterprise Software management Pattern" -
	  just disable that and use the "openSUSE SW Pattern"
<henne> please. not that topic again. this is OFF-TOPIC
<AJaeger> This is off-topic, I'm not answering further ;-)
<henne> this is something for a general status meeting [11:17]
<darix> next
<kblin> How does this "non-commercial vs commercial" developer split affect
	summer of code students who obviously earned money for their work
	during the summer and who continue to contribute to their respective
	projects in their spare time now?
<henne> kblin: please go ahead
<Nat_> It's not clearly defined
<Nat_> kblin: I think that's one of the limitations of the individual covenant
<Nat_> as we mentioned before, we are not happy with the way that covenant was
       written
<Nat_> MS has acknowledged that the covenant is not good enough either
<Nat_> google for "jason matusow covenant" and you'll find a blog from an MS
       employee about that [11:18]
<darix>
	http://blogs.msdn.com/jasonmatusow/archive/2006/11/11/your-input-requested.aspx
<Nat_> We are working with MS to improve that covenant so that it's actually
       useful.
<Nat_> Ah thanks darix :-)
<Nat_> The idea is to cover all open source developers.
<Nat_> So we hope we can get the wording a lot closer in the next draft :-)
<henne> kblin: does that answer your question?
<kblin> sort of
<kblin> I have another one though
<Nat_> Shoot
<kblin> has microsoft expressed any interest in cooperating inother
	compatibility areas? apart from xen and OOo?
<kblin> say, samba or kerberos.. or wine [11:20]
<hd41> We do have a huge wishlist for them, no worries
<hd41> The three areas we already agreed on are the beginning, not the end. I
       am sure you will see more going forward.
<kblin> hd41, let's say I worry because so far they haven't given the EU much
	useful documentation [11:21]
<hd41> Virtualization, OpenOffice and WebServicesManagement is where we begin.
<hd41> We can't really comment on that.
<darix> isnt samba and mono covered too?
<henne> kblin: are you satisfied? [11:22]
<hd41> What we know is that openSUSE 10.1 and SUSE Linux Enterprise 10 were
       able to get a lot of Active Directory integration done, and our
       customers love it!
<kblin> I've read nothing on wine.. and it's patents on the api I'm concerned
	abouth
<darix> kblin: i dont think wine will be covered.
<darix> kblin: done?
<kblin> anyway, that goes in the direction of what irda asked, and that wasn't
	really answered
<kblin> so, done
<henne> okay final question from the queue
<henne> dotan: again
<dotan> Hi again :)  do you think the community feedback you recieved is
	somewhat "orgenised"? and what is the motivation to do so?
<Nat_> I think it's pretty disorganized
<Nat_> Different people are expressing different opinions [11:24]
<henne> ouch
<Nat_> Some people say "Oh god!  A deal with MS!"
<Nat_> Some say "A deal with MS is good!  But oh god, you acknowledged that
       patents are infringed by Linux!"
<Nat_> and then some people said
<Nat_> "A deal with MS is okay!  And every piece of software infringes
       patents!  But the covenants are not good!"
<Nat_> So... I don't think it's particularly organized.
<henne> dotan: does that answer your question? [11:25]
<dotan> sure, cool with me
<henne> okay
<henne> now we are going over to the wiki questions
<henne> http://en.opensuse.org/Meetings/Special_Meeting_2006-11-27
<adrianL> which ones are not answered yet ? [11:27]
<henne> give us a minute to sort out whats not already answered
<Nat_> Question from Marcell:  What will Novell do when MS starts to sue other
       linux distros (ie. community driven Debian, Gentoo, Arch...) for patent
       infringments? Suggest paying 40m in cash? [11:29]
<Nat_> Novell invested a huge quantity of resources into the Open Invention
       Network
									[11:30]
<Nat_> which is an independent company formed to protect all distributors of
       Linux against patent lawsuits
<Nat_> We gave OIN money and helped them get patents which they can use to
       retaliate against anyone who sues a Linux distributor
<Nat_> So if MS were to sue Mandriva for distributing Linux, for example,
       OIN's protection would be triggered
<Nat_> We think OIN is a great organization and we continue to support OIN.
<Nat_> The same protection would apply to non-profits like Debian. [11:31]
<Nat_> (www.openinventionnetwork.com for more information)
<henne> question from cb400f__ [11:33]
<henne> If the public financial details are correct. MS will pay $240 million
	for 5x70.000 SLE coupons. According to my calculations that's about
	$685 per coupon. I understand that a coupon is a one year
	subscription. That's a pretty steep price, makes people, including me,
	think MS might be buying something other than coupons for the
	money. Maybe there's some relation to question #1, otherwise I don't
	like to think about what MS is buying.
<hd41> Microsoft will be a sales channel of Novell going forward.
<hd41> As part of this deal Microsoft is purchasing 70,000 coupons a year.
									[11:34]
<hd41> The coupons are for standard and priority subscriptios of SUSE Linux
       Enterprise Server and include support from Novell to the end customer.
<hd41> The pricing is a normal price which we use in other deals of such
       sizes. [11:35]
<Nat_> Mono is covered by the agreement, to answer JBarr's question.
<henne> thwere are no questions in the wiki we didnt answer i think
<henne> right? [11:36]
<Nat_> Sounds good to me
<Nat_> Thanks for joining us everyone :-)
<henne> So that was it. I hope we answered at least some of your questions (im
	sure Nat fingers hurt).
<henne> If you have more dont hesitate to contact us on
	opensuse-project@opensuse.org
<hd41> Thanks everybody!
<henne> Thank you all for participating. Good night and good luck!



to post comments

Formatting

Posted Nov 27, 2006 19:21 UTC (Mon) by Felix_the_Mac (guest, #32242) [Link] (3 responses)

Could you grep out all the *** messages please, to make legible?

Formatting

Posted Nov 27, 2006 19:56 UTC (Mon) by jospoortvliet (guest, #33164) [Link]

yes, please, this is unbearable... i'd love to read it, but not that much.

Formatting

Posted Nov 27, 2006 20:05 UTC (Mon) by corbet (editor, #1) [Link] (1 responses)

Done. Sorry, took a few tries to get a proper regexp matching the multi-line messages.

Formatting

Posted Nov 27, 2006 21:25 UTC (Mon) by jospoortvliet (guest, #33164) [Link]

thank you! it is much more readable now.

This clears nothing up

Posted Nov 27, 2006 19:33 UTC (Mon) by bronson (subscriber, #4806) [Link] (33 responses)

I only had the heart to read 2/3 of the transcript but it doesn't appear to say anything new. It's just more of:

"We are not violating the letter of the GPLv2."
"We truly have no idea what Microsoft is paying for, or why."
"We don't know why Microsoft is saying these things and we're trying to get them to stop."
"We got Microsoft to admit that Linux is great! That's worth something isn't it?"

Jon asked the key question. Search on "corbet" and watch Novell dodge it completely.

It's really, REALLY depressing for me to see this corporatespeak coming directly from Nat Friedman. I used to have a huge amount of respect for the guy. Nat, what has happened to you? I can only hope that Novell is paying you a huge amount of money for this.

Sigh. Not a good way to start a Monday.

This clears nothing up

Posted Nov 27, 2006 20:07 UTC (Mon) by niner (subscriber, #26151) [Link] (23 responses)

But our editor seems to have been satisfied enough with the answer to not inquiry further.

One can look at it this way: real or not, Novell's customers don't want to risk any patent threats. So Novell made this dead with Microsoft, regardless of them not knowing of any infrigments. Customers want their insurance, and they got it.

The monetary value is calculated by the risk of an infrigment. They only say that there is a certain chance without knowing anything concrete and multiplied it by the money involved.

And let's face it: the chance is there and always has been. There are just too many patents to not step on one, and a part of them belongs to Microsoft. As a part of them belongs to Microsoft, so for Microsoft there's a chance too, that they are infriging.

This clears nothing up

Posted Nov 27, 2006 20:11 UTC (Mon) by corbet (editor, #1) [Link] (1 responses)

There's a difference between being satisfied and simply realizing that it's time to get out of the way because you're not going to get any more.

This clears nothing up

Posted Nov 27, 2006 20:31 UTC (Mon) by niner (subscriber, #26151) [Link]

Thanks for clarifying.

This clears nothing up

Posted Nov 27, 2006 20:25 UTC (Mon) by bronson (subscriber, #4806) [Link] (1 responses)

Actually, it's pretty clear that Jon was not satisfied by the answer.

The monetary value is calculated by the risk of an infrigment...

How does this produce $348 million? Niner, if you have information that might make this deal look more concrete, I'd be very interested to hear it.

Novell made this dead with Microsoft... I couldn't have said it better myself. :-)

This clears nothing up

Posted Nov 27, 2006 20:33 UTC (Mon) by niner (subscriber, #26151) [Link]

I do not know more than what's available online, since I'm in no way affiliated with Novell, other than that I bought some SuSE distributions and am contributing a little to openSUSE.

And I really have no idea where those typos come from that plague me these last weeks ;)

This clears nothing up

Posted Nov 27, 2006 20:26 UTC (Mon) by madscientist (subscriber, #16861) [Link] (3 responses)

> But our editor seems to have been satisfied enough with the answer to not
> inquiry further.

Actually, it looked to me like they all but cut him off.

I agree that Our Editor asked just about the only useful and interesting question (the other candidate being the questions about GPLv3, which Novell sidestepped by saying they haven't seen it--which is a very legitimate response of course... but still a sidestep). I also agree that they didn't really address it head-on. Although Nat tried to draw a parallel, I think there's a big difference between the generic patent indemnification offered by some companies, and this very specific payment of money to another company to cover patent use by your customers.

This clears nothing up

Posted Nov 27, 2006 20:44 UTC (Mon) by niner (subscriber, #26151) [Link] (2 responses)

Of course there's a difference. And this difference is what a part of the community holds against Novell. It's just hard to judge if the difference is large enough to damn Novell.

It seems like Novell's potential customers did not need a generic indemnification, they were just afraid of Microsoft. Offering a generic indemnification is an uncalculateable risk. It could destroy Novell if the wrong customer is sued by the wrong attacker. On the other hand Novell even get's net money out of the Microsoft deal. So it's the lesser risk, produces direct income and satisfies potential customers. One certainly should be able to understand, why Novell did it.

So the issue that remains is: it is Microsoft. And they are dangerous for sure. Does this deal admit anything more than for example Redhat's indemnification? What do their customers need it for if there is no infrigment? I'm still not convinced that this has raised the risk for us non-Novell-customers. But maybe that's just because I'm an optimist.

This clears nothing up

Posted Nov 28, 2006 4:05 UTC (Tue) by Arker (guest, #14205) [Link] (1 responses)

Unfortunately that risk assessment totally ignores the obligations Novell has to the community which provides the vast majority of the code in their products. Unfortunately, this seems to confirm that Novell either never really got it - or possibly that only a few individuals, now gone or out of power - ever got it.

This clears nothing up

Posted Nov 28, 2006 8:29 UTC (Tue) by niner (subscriber, #26151) [Link]

But _what_ obligations to the community are broken by Novell? I am part of that community, and I just don't see it. Could you please enlighten me?

This clears nothing up

Posted Nov 27, 2006 21:25 UTC (Mon) by jtc (guest, #6246) [Link] (11 responses)

"One can look at it this way: real or not, Novell's customers don't want to risk any patent threats. So Novell made this dead with Microsoft, regardless of them not knowing of any infrigments. Customers want their insurance, and they got it."

A couple questions: Does the deal with MS cover future work at Novell, such as their work with MS to make Linux and Windows more interoperable? (E.g., that MS will not sue Novell for working with them to make Linux and Windows more friendly towards each other [How nice of them :-)], because of a resulting perceived patent violation.)

Does the deal cover any of Novell's other software (whether commercial or open source) that is not part of the OpenSUSE release?

This clears nothing up

Posted Nov 27, 2006 21:43 UTC (Mon) by niner (subscriber, #26151) [Link]

Remember: I do only know what's publicly available about this deal. From that I can say, that it will cover future work at Novell for five years.

And I can correct you insofar as openSUSE is _not_ covered by the deal. It's about the Enterprise products (SLES, SLED). Users of openSUSE are not covered. But ("non-commercial") developers contributing to openSUSE are. And according to the IRC log this covenant should be broadened to all non-commercial developers of free software.

This clears nothing up

Posted Nov 28, 2006 1:33 UTC (Tue) by pzb (guest, #656) [Link] (2 responses)

> Does the deal with MS cover future work at Novell, such as their work
> with MS to make Linux and Windows more interoperable? (E.g., that MS
> will not sue Novell for working with them to make Linux and Windows more
> friendly towards each other [...], because of a resulting perceived
> patent violation.)

While the deal does include a technical cooperation agreement that helps make sure that Free/Open Source software and Microsoft products work together better, it does not give Novell a license to any of Microsoft's patents. It also does not protect Novell from suit by Microsoft.

> Does the deal cover any of Novell's other software (whether commercial or
> open source) that is not part of the OpenSUSE release?

According to Novell, the agreement includes "percentages of Novell's Open Platform Solutions and Open Enterprise Server revenues." This would seem to imply that at least OES is covered in addition to the SUSE products. Also, in the original press release, it says "other covered products from Novell" are covered by the patent agreement, which implies that more than just SUSE Linux Enterprise Server is covered.

This clears nothing up

Posted Nov 28, 2006 17:16 UTC (Tue) by mrfredsmoothie (guest, #3100) [Link] (1 responses)

> While the deal does include a technical cooperation agreement that helps
> make sure that Free/Open Source software and Microsoft products work
> together better, it does not give Novell a license to any of Microsoft's
> patents. It also does not protect Novell from suit by Microsoft.

Would't estoppel prevent this?

This clears nothing up

Posted Nov 30, 2006 8:00 UTC (Thu) by Duncan (guest, #6647) [Link]

>> [The deal] does not protect Novell from suit by Microsoft.

> Would't estoppel prevent this?

Perhaps normally, but in this case, no. The deal is specifically
worded /not/ to prevent MS from suing Novell itself, only certain downline
customers and (particularly controversially due to the extremely limited
wording, tho the articles mentions Novell is talking to MS about getting
this expanded) certain upline developers, in ordered to be able to wiggle
thru a loophole in the GPL v2, which would prevent Novell's redistribution
of GPLv2 software if the agreement covered Novell itself, without covering
the entire community, which the agreement certainly doesn't do and MS
would be unlikely to do.

... All conditional on my understanding of the issues, IANAL, etc...

Duncan

This clears nothing up

Posted Nov 28, 2006 15:56 UTC (Tue) by nat (guest, #41935) [Link] (6 responses)

The deal covers all Novell products including openSUSE, SLES, SLED, and our proprietary products.

And Novell promises not to sue Microsoft customers over their use of MS products.

This clears nothing up

Posted Nov 28, 2006 17:47 UTC (Tue) by grouch (guest, #27289) [Link] (5 responses)

The patent "agreement" covers packages distributed by Novell which includes GPL'd code. Novell purchased blanket patent protection for these packages from a single patent holder. Denying the "agreement" is a license (permission to use) does not change the effect of the agreement. Novell's statements that "[...] Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents" does not change the fact that entering into such an agreement with Microsoft while specifying packages that are covered by that agreement which include GPL'd code is an implicit acknowledgement of patent infringement.

Novell purchased the patent license on behalf of Novell's customers. Novell's customers cannot pass that license along when the customers distribute the GPL code received from Novell. This is not the same as the indemnification sold by, e.g., Red Hat. Red Hat is selling a warranty, as provided for in the GPL. Novell is selling a specific patent holder's promise not to sue, also known as a license, which is a grant of permission to use any patents, regardless of validity, that the specific patent holder may have that read on the packages distributed by Novell.

The agreement's blanket coverage for any and all patents held by the patent holder is not equal in its coverage for all persons included. It divides the people it covers into end users and developers. It further divides developers into commercial and non-commercial. It is an inequitable license, which goes against the intent and purpose of the GPL even though it covers packages which include GPL'd code.

Novell has enhanced Microsoft's FUD machine. Novell has purchased rights for its customers from a single patent holder. Novell's customers cannot pass those rights along with the code those customers redistribute. Novell has purchased a license from Microsoft which flies in the face of the intent and purpose of the GPL:

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

-- Preamble, GNU GPL

Novell's purchase of a non-distributable patent license from a single patent holder, which covers packages that include GPL'd code, named by Novell, is a violation of the intent and purpose of the GPL.

This clears nothing up

Posted Nov 28, 2006 18:32 UTC (Tue) by niner (subscriber, #26151) [Link] (4 responses)

"the fact that entering into such an agreement [...] is an implicit acknowledgement of patent infringement."

Even repeating that endlessly and ignoring all counter arguments does not make this a fact.

This clears nothing up

Posted Nov 28, 2006 18:54 UTC (Tue) by lmb (subscriber, #39048) [Link]

Even Microsoft has released a press announcement to the effect that Novell did not acknowledge any such thing.

This clears nothing up

Posted Nov 29, 2006 3:02 UTC (Wed) by grouch (guest, #27289) [Link] (2 responses)

Even repeating that endlessly and ignoring all counter arguments does not make this a fact.

Selective quoting out of context does not refute the statement.

Novell will be paying Microsoft for 5 years. Novell has named packages that are covered by the patent agreement. Those packages include code released under the GPL. What is Novell paying for? For Microsoft to not sue Novell's customers over non-infringement of non-existent patents? How much of each payment by Novell's customers is devoted to this protection payment for the non-license for non-infringement of non-patents?

This clears nothing up

Posted Nov 29, 2006 11:26 UTC (Wed) by niner (subscriber, #26151) [Link] (1 responses)

I wonder why you try so hard to see an admission by Novell, when even Microsoft says that there isn't. And they would profit immensely from one. What do you get out of it?

This clears nothing up

Posted Nov 29, 2006 15:29 UTC (Wed) by grouch (guest, #27289) [Link]

I wonder why you try so hard to see an admission by Novell, when even Microsoft says that there isn't. And they would profit immensely from one. What do you get out of it?

I wonder why you try so hard to rationalize the agreement. I wonder what you get out of it.

The patent agreement between Novell and Microsoft is wrong insofar as it encompasses GPL code distributed by Novell or Novell's customers. It conflicts with the intent and purpose of the GPL. In fact, it fits the situation anticipated by the GPL in 1991:

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

-- Preamble, GNU GPL

The only "admission by Novell" that I seek is that the patent agreement is wrong where it includes GPL'd code and is wrong where it imposes extra conditions on users (the divisive distinctions between commercial and non-commercial, developers and "end users"). Novell and Microsoft should go back to the table and correct this agreement.

This clears nothing up

Posted Nov 27, 2006 21:52 UTC (Mon) by jedidiah (guest, #20319) [Link]

If Novell was really worried about patent issues, they should have asked Microsoft for a statement that would greately undermine their ability to sue ANYONE for patent violations relating to Linux. As things stand now, all promises that Microsoft have made are completely MEANINGLESS and they continue to engage in active sabre rattling about Linux being in volation of Microsoft IP. Novell has not furthered their own stated interest in this matter and really have only "thrown gasoline on the fire".

A license, or a license by some other name, is just an implicit admission that Microsoft has something meaningful to sue over.

This clears nothing up - Cleared up now perhaps?

Posted Nov 27, 2006 22:52 UTC (Mon) by Alan_Hicks (guest, #20469) [Link] (1 responses)

You (and I believe just about everyone else) are missing the real purpose of the deal. Microsoft and Novell have a common enemy and that enemy is Red Hat.

In the enterprise Linux world, Red Hat is the 800 pound gorilla and Novell has been unable to wrestle a piece of the pie away from it. In order to do that, they feel they need new weapons like money, better Windows interoperability, and some sort of "patent covenant" they can wave around in the air to appease any skittish customers.

Microsoft wants to stop Red Hat from growing, plain and simple, but they haven't been able to do this with the Windows Server offerings, too many customers are wanting to run an enterprise Linux OS.

So a partnership between the two makes sense. Novell is as of right now absolutely no threat to Microsoft, and if purchasing these coupons and giving them to their customers who want to use Linux will cut off some of Red Hat's revenue stream, they'll do it; that's just basic business.

What worries me about this deal is what our esteemed editor (and might I say a hard-hitting reporter last night) asked: "What is the value of this promise?" Of course if Microsoft broke the agreement they would have to pay damages to Novell, but that seems to me to be chunk-change compared with the value of destroying a major open source project like Apache or Samba, or even the Linux kernel. In my mind this "promise" only has value as long as Red Hat remains a legitimate threat to Microsoft.

Another concern is that there just isn't enough room in the enterprise Linux market for both Novell and Red Hat. If this is the case, it's easy to see why Microsoft would push SuSE as doing so could easily destroy both Red Hat and Novell. And what would become of this "promise" if Novell decides to sell off it's SuSE Enterprise Linux business because it hasn't turned out to be profitable? What if Microsoft buys it to bury it in the same way that Caldera "bought" the redistribution rights to SCO?

This clears nothing up - Cleared up now perhaps?

Posted Nov 28, 2006 12:40 UTC (Tue) by gravious (guest, #7662) [Link]

You (and I believe just about everyone else) are missing the real purpose of the deal. Microsoft and Novell have a common enemy and that enemy is Red Hat.

Rubbish: not only are we smarter than you give us credit for, you are wandered off into fantasy land without the rest of us.

1: Novell and Redhat are not enemies. They ceratainly are competitors and the competition may get fierce but I believe the spirit of FOSS binds us all. FOSS has many enemies, Microsoft is just one of them. Microsoft's desktop/office monopoly makes them an enemy of everyone, including FOSS in an economic and polotical kind of way. If Redhat has a propietary enemy it sounds like it could be Oracle.

2: There is room in the server market place for many vendors. What makes you believe that there is only room for one? Prove it. In every fair market there are lots of players. Why should this case be any different?

3: I happen to believe the noises coming out of Novell. I think they are *brain-damaged* possibly to do a deal with Microsoft, of all companies. Though when you think about it, it was inevitable that the Ximian guys were on a collision course with Microsoft the minute they started Mono. Novell has a ton of software, they get a pile of cash. I think they realise by now (what with Ballmer's gleeful crowings - God I can't stand that man, bring back Bill, all is forgiven) that they may have stepped in some doo-doo on the way to greener pastures.

4: You're always going to piss off the extremists.

5: Tell me how any of this will destroy Apache or Samba or the Linux kernel. Get real.

with respect, Anthony

This clears nothing up

Posted Nov 27, 2006 21:41 UTC (Mon) by lmb (subscriber, #39048) [Link]

Novell acknowledges the concerns of its customers, not that these concerns are valid. Even MS agrees that Novell did not make any concessions on this point: http://www.microsoft.com/presspass/press/2006/nov06/11-20...

As Novell itself is NOT covered by the agreement, Novell will continue to not ship any infringing code, and Novell's Open Source developers are never ever in danger of being exposed to such knowledge.

The major part of this deal is about the cooperation and interoperability - and that is nothing fundamentally new, Microsoft has been one of the key contributors to Xen all along, even when Xen was Linux/BSD only. If other companies see the business advantage in Open Source, why shouldn't Microsoft ;-)

This clears nothing up

Posted Nov 28, 2006 5:54 UTC (Tue) by snitm (guest, #4031) [Link] (3 responses)

Yes, Nat has officially sold out... I'd wager Nat would acknowledge as much. Maybe not publicly but introspectively he knows it.

1) Nat asserted that technical Novell employees weren't consulted in the deal with M$.
2) Yet as a technical person employed by Novell, Nat is being _used_ by Novell to spin the hell out of this so-called "win for Linux" to the community he was once very ideologically aligned. Whereby exhausting the considerable amount of capital he had with the Linux community.

Obviously Nat/Novell thinks its worth it, which should make us all very afraid for what the future holds for Linux. Sure Linux will rise above the inevitable flood of M$ bullshit but its all very unfortunate that the enabler of said bullshit (currently) has such an instrumental role in developing Linux.

It all smacks of Novell, and Nat, being pennywise and pound foolish.

This clears nothing up

Posted Nov 28, 2006 10:03 UTC (Tue) by epeeist (guest, #1743) [Link] (2 responses)

> Yes, Nat has officially sold out.

I may be maligning him, but are we sure that he and de Icaza were firmly in the FOSS camp in the first place?

This clears nothing up

Posted Nov 28, 2006 15:53 UTC (Tue) by nat (guest, #41935) [Link] (1 responses)

My better instincts compel me to shy away from responding to these ad hominem attacks, but I'm just too sensitive not to point out that Miguel and I have written and released and funded the development and release of millions of lines of free software, and I think that should count for something.

But I guess you can draw your own conclusions.

I also really don't understand the actual material damage that people are claiming this Novell/MS deal does. Maybe you can explain that to me.

This clears nothing up

Posted Jul 17, 2007 4:58 UTC (Tue) by snitm (guest, #4031) [Link]

Nat,

We are only now starting to feel the very real negative impact of the MS/Novell deal. I work for a Linux company and the large OEMs (with extremely deep pockets) that we work with are making corporate edicts that "SLES is the only Linux allowed" purely because of all the sabber rattling Microsoft has been doing (as part of the deal with Novell and in subsequent FUD campaigns by M$ executives).

SO it has seemingly worked out quite well for Novell (and likely you) but as a Software Engineer I do _not_ liked to be pigeon holed on which Linux-based solutions I _must_ integrate/design into nimble and innovative solutions.

Even if Microsoft is making idle threats it has genuinely detracted from true competition in the Linux community; particularly where Linux interfaces with the enterprise.

This clears nothing up

Posted Nov 28, 2006 15:41 UTC (Tue) by nat (guest, #41935) [Link] (3 responses)

Hey, so I did my best to answer corbet's question. I wasn't in the discussions in Redmond where they figured out how much money goes in what direction, so I wasn't sure how to best answer him. I said that the payments were for the promises, and mentioned how other patent-related payments often happen.

What is left unanswered exactly? I'm totally open to more questioning on this.

This clears nothing up

Posted Nov 28, 2006 19:51 UTC (Tue) by piman (guest, #8957) [Link] (2 responses)

Here's how I understand the question (and it's one I also have): You say the money is exchanging hands for patent licenses (convenants, whatever) for customers. At the same time, you say you are unaware of any patents that Novell is infringing on. So there are two possible ways to consider this:

1) Novell is not aware of any patents they are infringing on, but believe they are infringing on some (this is a reasonable belief given how many software patents there are). This implies that they also believe MS could theoretically sue their customers, and the protection is important.

2) Novell is not aware of any patents they are infringing on, and do not believe they are infringing on any. In this case, you believe MS is paying you for nothing. You say "It doesn't matter if the allegations from MSFT are true or not" but MS certainly believes it, and believes it enough to pay you millions of dollars. Alternately, MS is irrational, and just likes throwing money at you.

This means there are three possible outcomes. First, Novell is waffling and believes they did actually purchase real protection for their customers, but doesn't want to admit it to the people who they didn't purchase it for. Second, Novell and Microsoft have very different opinions about the efficacy of the contract they have agreed to, MS believing it means something and Novell believing it doesn't. Third, Novell is doing business with a company that is completely irrational.

None of these options reflect very well on Novell. So please, explain what exactly Novell is paying for, and why.

This clears nothing up

Posted Nov 29, 2006 2:52 UTC (Wed) by pzb (guest, #656) [Link]

> At the same time, you say you are unaware of any patents that Novell is
> infringing on.
>
> Novell is not aware of any patents they are infringing on, and do not
> believe they are infringing on any. In this case, you believe MS is
> paying you for nothing.

You seem to have confused two things. This is a bidirectional agreement. Microsoft is paying Novell for a promise by Novell not to sue Microsoft's customers. Novell is paying Microsoft for a promise by Microsoft to not sue Novell's customers.

In Microsoft's statement they said "Microsoft and Novell have agreed to disagree on [...] whether certain Microsoft offerings infringe Novell patents." This would seem to be more related to payments by Microsoft to Novell than any discussion of Novell's infringement on Microsoft patents.

This clears nothing up

Posted Nov 29, 2006 10:39 UTC (Wed) by nat (guest, #41935) [Link]

Novell is paying Microsoft to promise not to sue Novell's customers. Microsoft is paying Novell (much more money) to promise not to sue Microsoft's customers.

Novell does not state in any way that Linux infringes Microsoft IP. It was enough for Novell that Novell's customers were concerned (whether those concerns are valid or not).

Novell's IRC session on the Microsoft deal

Posted Nov 27, 2006 20:16 UTC (Mon) by proski (subscriber, #104) [Link] (6 responses)

Eben Moglen read our agreement and hasn't said a thing about GPLv2 violation. It's abundantly clear that he doesn't think there is any.
Actually, it's entirely possible that there are arguments against the distribution on GPLv2 programs with the "covenant not to sue" attached, but they are better used in the courtroom if Microsoft actually dares to sue someone for a patent violation in a GPLv2 project. Why would Eben Moglen open his cards to Microsoft right now and give them a chance to amend their agreement with Novell?

Novell's IRC session on the Microsoft deal

Posted Nov 27, 2006 20:32 UTC (Mon) by madscientist (subscriber, #16861) [Link] (5 responses)

I agree: No comment is not the same as endorsement. If Eben really believes this agreement does not violate the GPLv2 I sure haven't seen him say so. Although I agree that Novell can take some comfort in the fact that he hasn't said it does violate the GPLv2, I don't think Nat's absolute statements here are justified.

For one thing, the FSF has a long history of working out legal issues like this behind closed doors, at least until it's blindingly obvious that those tactics won't achieve results they can live with. This policy has served them very well. It could be the case here, although one would assume that Nat would be aware of these discussions if they were ongoing, and wouldn't be speaking so categorically in that case.

Novell's IRC session on the Microsoft deal

Posted Nov 27, 2006 20:56 UTC (Mon) by pzb (guest, #656) [Link] (4 responses)

Richard Stallman said:

> What has happened is, Microsoft has not given Novell a patent licence,
> and thus, section 7 of GPL version 2 does not come into play. [...]
> It turns out that perhaps it's a good thing that Microsoft did this now,
> because we discovered that the text we had written for GPL version 3 would
> not have blocked this, but it's not too late and we're going to make sure
> that when GPL version 3 really comes out it will block such deals
(from http://www.fsfeurope.org/projects/gplv3/tokyo-rms-transcr...)

While this is not Eben speaking, I presume that RMS has spoken with Eben, and this is the official opinion of the FSF.

Novell's IRC session on the Microsoft deal

Posted Nov 27, 2006 21:56 UTC (Mon) by drag (guest, #31333) [Link] (3 responses)

Looks like their goal is to setup the GPLv3 that if your going to offer patent protections it is going to cover all uses of the GPLv3'd software including redistribution and reuse by third parties.

That is it's ok for Novell to offer indeminification for their customers, but it's also going to have to cover their customer's end users etc etc. That it can't be exclusive to people that pay you money.

indemnification != patent license/covenant

Posted Nov 28, 2006 4:37 UTC (Tue) by stevenj (guest, #421) [Link] (2 responses)

Indemnification is a promise that they will fight the patent for you, or at least cover the fines if they lose and have to stop distributing under the GPL. This is quite different from purchasing a restrictive patent license (excuse me, a "covenant not to sue"), since the latter means that they are not going to fight the patent but want to distribute the GPL software anyway.

I'm assuming Moglen is working on a wording for GPLv3 that will allow indemnification, for a fee, in the same way that warrantees may be offered for a fee, but prohibits restrictive patent licensing by any name.

Novell != Novell's customers

Posted Nov 28, 2006 8:27 UTC (Tue) by niner (subscriber, #26151) [Link] (1 responses)

Novell itself is NOT covered by any license or covenant. So how could they not fight the patent and distribute the GPL software anyway?

It's customers don't have to fear Microsoft, but Novell does, same as ever. So Novell still has every reason to avoid Microsoft's patents.

Novell != Novell's customers

Posted Nov 28, 2006 12:51 UTC (Tue) by lmb (subscriber, #39048) [Link]

Exactly. It is Novell's policy to never ship infringing code. Never has been, never will be. SUSE, Ximian and the rest of the Novell OSS engineering will never introduce "patent bombs"; we're still the same good guys as we've always been. We'll treat any known "infringement" a bug and fix it.

I really don't get how people come up with this strange idea. Gedankenexperiment time: Don't you think, even if it _were_ true, it would be kinda obvious if suddenly MS sued someone for a patent infringement introduced by a Novell engineer from now on? Do you really think this would stand _any_ chance in court? With those anti-trust and conspiracy guns focused on MS/Novell right now?

Nothing has changed. Code from Novell engineers is not unsafe; if anything, it is safer than before. And we got a lot more cash to spend on development of OSS code now.

Software patents are still bad and need to disappear, or at least radically reformed (and I think you'll eventually see even more activity in this direction as well); because the real threat are still the patent troll companies.

A patent troll injecting code via a malicious or even unsuspecting independent developer is much more low-key; that's the much better conspiracy theory, you know.

And even then: The code would simply be ripped out and rewritten. Linux goes on.

Novell's IRC session on the Microsoft deal

Posted Nov 27, 2006 21:38 UTC (Mon) by drag (guest, #31333) [Link] (14 responses)

"""<adrianL> I do not fear Shuttleworth, because people who fear that openSUSE might violate GPL will notgo to a distro which actually is doing it. ;)"""

Haha. Take that, Mr. Shuttleworth.

Novell's IRC session on the Microsoft deal

Posted Nov 27, 2006 22:21 UTC (Mon) by sjj (guest, #2020) [Link] (13 responses)

Please clarify?

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 0:34 UTC (Tue) by drag (guest, #31333) [Link] (12 responses)

If Ubuntu starts shipping systems that use propriatory drivers by defautl they will be violating the GPL license.

Shuttleworth in a recent blog entry (see also slashdot, digg.com) said that he will welcome any OpenSuse developers that are fleeing Novell due to GPL violations regarding the Microsoft-Novell patent deal.

However as it turns out that Novell isn't violating the GPL, but Ubuntu is.

So it's ironic.

(If your curious; it's my own personal opinion that if Ubuntu wants to have hardware supported out of the box they should be working on stabilising the r300 dri drivers, helping out with the Nouveau project, and helping test do good bug reports with the various open source wifi stuff rather then violating the copyrights of linux kernel developers, but that's neither here nor there.)

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 2:33 UTC (Tue) by khim (subscriber, #9252) [Link] (11 responses)

If Ubuntu starts shipping...

What are you talking about ? Ubuntu does it already...

Yes, Ubuntu is clearly violating GPL - but somehow noone makes it "a big deal"...

May be because Ubuntu make all the right noises about "Ubuntu Philosophy" while Novell does not...

P.S. Right now Ubuntu ships only wireless binary drivers, not the ATI and nVidia drivers - but I fail to see the difference: GPL violation is GPL violation. The people who watch this kind of things are too busy on embedded front, that's all...

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 3:20 UTC (Tue) by notamisfit (guest, #40886) [Link] (10 responses)

It's not a GPL violation. Ubuntu ships the binary blobs separate from the linking kernel code, and only joins the two at boot time (in tmpfs). Granted, this pisses all over the *spirit* of the thing...

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 3:36 UTC (Tue) by drag (guest, #31333) [Link]

I don't think that is even valid way to work around the kernel licensing.

Sure it's ok to ship a 'compilation' of software that contains both GPL and non-GPL code, but (depending on driver) those binaries are being shipped that are clearly kernel-derived and no source code is aviable. So there is a violation.

Remember Koraraa?

Well it now refuses to ship non-GPL drivers.
http://kororaa.org/static.php?page=gpl

"""I guess in the end, the message from the Linux developers and the GPL license is this: "If you don't like it, don't use Linux. Simple. And if you do use Linux, then you should play by the rules." which I think is fair enough. I would like to emphasize that this is not a weakness of Linux, but a strength. The "grey area" of "derived works" in copyright law is just far too grey and we could argue both sides forever. But in the end if we just ask ourselves "why would we want to use closed source products anyway?" maybe we already knew the answer, we just weren't (and many aren't) prepared to accept it."""

In my opinion that is pretty kick-ass attitude. There is no way that people will ever get open source support from many hardware manufacturers unless Linux users and Linux developers present a unified front that propriatory drivers are not acceptable.

It doesn't matter if it's a license violation or not. Screw the legal BS. Binary-only drivers are unacceptable and we should demand better or give our money to other manufacturers.

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 4:16 UTC (Tue) by Arker (guest, #14205) [Link] (8 responses)

That's utterly irrelevant. Kernel modules are clearly derived works of the kernel and therefore must, legally, be under a GPL compatible license. It doesn't matter when or how you link them.

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 7:59 UTC (Tue) by khim (subscriber, #9252) [Link] (7 responses)

Kernel modules are in gray area. If they are not distributed with the kernel!

If you distribute anything with the kernel - you better use GPLed source or you can use "mere aggregation" clause from the GPL ("mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License"). There are no other choice.

Kernel authors unambiguously said: "user programs that use kernel services by normal system calls" are not affected. But kernel modules (and even programs like udev which use more intimate access to kernel then "normal system calls") - they are affected.

Yes, there are small possibility that you can twist the GPL (given pretty damn good lawyer) enough to make the Ubuntu somehow look non-infringing. But if Novell is getting such a severe beating for it's use of GPL loophole then why Ubuntu (who also uses loophole - even if different one) must be accepted ? It's hypocrisy...

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 9:53 UTC (Tue) by nix (subscriber, #2304) [Link] (2 responses)

What `more intimate access' does udev use? netlink sockets use the socket API: normal system calls. inotify is a normal system call. Digging through /sys uses open()/read()/close(), normal system calls.

Sorry, I don't think that merely *reading /sys* binds you by the requirements of the GPL (if it does, then reading /proc does too, and I can think of a good few proprietary apps that do that, and nobody complains.)

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 11:47 UTC (Tue) by khim (subscriber, #9252) [Link] (1 responses)

Sorry, I don't think that merely *reading /sys* binds you by the requirements of the GPL (if it does, then reading /proc does too, and I can think of a good few proprietary apps that do that, and nobody complains.)

/proc and /sys are quite different: /proc is decoupled from kernel internals, /sys is 1-to-1 mapping for kernel structures. Yuo can as well claim that your program is not bound by GPL if it uses just /dev/kmem to change the kernel and install 10Mb of code there: you are just using open()/read()/close(), right ?

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 23:58 UTC (Tue) by nix (subscriber, #2304) [Link]

This is where the law leaves me behind, I'm afraid. If using syscalls
alone is considered not to impose tight enough coupling to contaminate
with the GPL, I can't see how using syscalls alone to read a particular
filesystem can be considered tight enough either.

(But then this is all completely academic for me anyway as everything I've
ever controlled the license for I've GPLed, except for a couple of LGPL
libraries written for a past employer. ;) )

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 11:29 UTC (Tue) by AlexHudson (guest, #41828) [Link] (2 responses)

It's not that grey an area. If you don't infringe the license yourself, but basically set it up so that the end user running the software infringes it, you're still liable - it's contributory infringment.

For something to be CI, you generally have to prove 1) knowledge of the infringing activity and 2) that a material contribution was made [i.e., assistance].

Canonical must be aware that shipping the drivers built in is infringing, otherwise they would do it that way. They've also set it up so that users machine's automatically combine the material in an infringing way. Those two facts satisfy 1. and 2. above, to my mind.

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 11:50 UTC (Tue) by khim (subscriber, #9252) [Link] (1 responses)

Running the software can not infringe: GPL explicitly states that you can run anything you want as long as you are not distributing "the program"...

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 11:58 UTC (Tue) by AlexHudson (guest, #41828) [Link]

You're missing the point; I'm not talking about the end-user infringing, therefore their running the software is irrelevant.

Novell's IRC session on the Microsoft deal

Posted Nov 29, 2006 2:49 UTC (Wed) by Arker (guest, #14205) [Link]

But they are distributed with the kernel. And being derivative works, they clearly don't fall into the 'mere aggregation' category.

Patent deals

Posted Nov 27, 2006 23:44 UTC (Mon) by sbaker3 (guest, #41924) [Link] (1 responses)

At this point I think I'm prepared to accept that two companies could agree not to sue for patent infringement without even going through their portfolios to see if there are any current infringements.

That Steve Ballmer has the opinion that there are infringements is neither here nor there unless he comes up with specific examples.

However I would like to know if this is common practice. Can anyone provide other examples of deals like this?

Patent deals

Posted Nov 28, 2006 0:56 UTC (Tue) by drag (guest, #31333) [Link]

I don't know of any specifics, but these sort of cross patent licensing details are common.

patent litigation is virtually impossible (the costs are prohibative) to defend against until they actually try to sue you. And the lawsuite itself is very expensive.

So it's cheaper to cross license between corporations. They amass as many patents as possible as a form of 'nuclear defence' against patent litigation. You sue me, I sue you.

Then when time comes for the lawuit, or if they just want to get it out of the way for cooperation, then they swap money back and forth to resolve any potential legal issues.

This is great for big business..
A: the Patent portfolios looks great to potential investors.

B: it excludes any smaller nimble business from competing with you because they lack the legal resources to defend against your patents if you choose to excersize them. You can be big, fat, lazy and profitable without fear of serious competition from new software makers.

This sort of reason is why pretty soon the vast majority of real innovation in software will be done out of the U.S.A. were it is much much cheaper. (then when those corprorations get bigger then will be able to afford patents and will come back into the U.S.A to milk the remaining large software corporations in more licensing deals.)

Lawyers who are experts at programming and are experts at patent law + programming staff + cross licensing deals + adminstrative overhead to deal with the beuarcracy are a hell of a lot more expensive then just having to manage a staff of programmers. Not only is that much cheaper you also get much much superior results.

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 7:10 UTC (Tue) by error27 (subscriber, #8346) [Link] (1 responses)

<Nat_> We think it's better if the GPLv3 is accepted by lots of companies and individuals and projects
<Nat_> Instead, he and Richard are using the community energy to try to get people to adopt the previously-controversial GPLv3 (which we support also)
<adrianL> bgerber: the reasons why GPLv3 is not liked for Novell is also valid for other companies. So, in the current state it would not be used by a large number of companies atm, I fear
<Nat_> Obviously we don't want to spend our time forking and maintaining parallel branches of glibc, gcc, etc
<Nat_> But it's really hard to discuss GPLv3 considering it doesn't exist yet

We love and support GPLv3. Most companies don't like the GPLv3 and we don't either. Certainly we don't want to fork every single GPLv3 program but we can't rule it out.

That sounds like a ringing endorsement to me. :)

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 8:07 UTC (Tue) by khim (subscriber, #9252) [Link]

I see no problems there. Their position is quite clear: we hate GPLv3, but not enough to "take our marbles and go home". Not yet anyway (perhaps if the final version will be sufficiently different we'll do take our marbles and go home).

That's normal reaction for most corporations. GPLv3 is designed to protect user at the expense of corporations - why the hell corporations will like it ?

Acceptance is enough...

This is Gnome/Mono speaking, not SUSE

Posted Nov 28, 2006 8:00 UTC (Tue) by vblum (guest, #1151) [Link] (7 responses)

AJ gets completely drowned out by Nat. It seems very disturbing that it's not the SUSE guys speaking here (whom I care about, as a SUSE user) but the Mono guy (about whose agenda I couldn't care less). This stinks. A good distribution is being dragged through the mud by a bunch of rookies with a narrow political agenda.

Jon, good questions. I note they were not answered, which is also not reassuring.

I have been a SUSE User for >8 years now, and I like the guys that made this distro work. I actually know some of them personally. My only consideration in my picking a distro is, do they have a future (enough mindshare/enthusiasm behind the distro), or not. Now I think, maybe not. The wrong people appear to be making the decisions now - this cannot possibly be without repercussions among their developers. What a capitally bad idea.

I will go FC within the next 1-2 days.

This is Gnome/Mono speaking, not SUSE

Posted Nov 28, 2006 8:11 UTC (Tue) by k8to (guest, #15413) [Link] (2 responses)

Partially I think it is the personalities. Andreas Jaeger was never very loud. There are other much more .. vocal members of the SuSE Linux team, but they may not have been vetted for this irc meeting for the same reasons.

This is Gnome/Mono speaking, not SUSE

Posted Nov 28, 2006 8:41 UTC (Tue) by niner (subscriber, #26151) [Link] (1 responses)

Maybe they just didn't have time to attend, or just didn't want to. It is after all a very uninteresting topic for an engineer.

And don't forget: in reality it is a purely American/Japanese topic, as Microsoft could not inforce any software patents in Europe.

This is Gnome/Mono speaking, not SUSE

Posted Nov 28, 2006 9:12 UTC (Tue) by vblum (guest, #1151) [Link]

Errr ... in what world would those SUSE developers live? This Novell-MS agreement and its fallout would seem to have direct consequences for the professional careers of everyone involved, no? (regardless of how it plays out in the end)

Also, may I humbly suggest that this is not an America/Japanese topic. The reality is that software gets written in Europe with American / Japanese laws in mind - it would be supremely impractical to settle for software that is (temporarily) legal only in a part of a completely interlinked world. Americal software patents affect us directly here in Europe, already today.

This is Gnome/Mono speaking, not SUSE

Posted Nov 28, 2006 10:11 UTC (Tue) by aj (subscriber, #39001) [Link] (3 responses)

This is AJ speaking ;-). No, I was busy getting out 10.2 RCs and only chimed in where I felt my input was really needed. Nat was sitting besides me and I did not feel the need to take over.

This is Gnome/Mono speaking, not SUSE

Posted Nov 28, 2006 21:12 UTC (Tue) by vblum (guest, #1151) [Link] (1 responses)

Thanks for answering, really.

I would have felt more comfortable if someone from the SUSE distribution had been in the lead (no harm intended by that statement, this only reflects my honest impression while reading). It was my initial suspicion that chiefly the Mono proponents might have thought they'd benefit from such an agreement (to put out a perpetual criticism with respect to their project), while SUSE's developers did not stand to benefit much from an implicit admission that there were patent liabilities to be paid for in their distribution. The fact that Nat did most of the talking served to further that impression (with me, and me alone).

I am also aware that Novell takes the stand that there was no patent admission, but the agreement was immediately used to foster that rumour, no matter what Novell's intentions were - and I honestly think it was supremely naive to think that this would not happen.

I am sorry that this did so much damage to SUSE, really - I do not think the patent side of this agreement was a good idea at all. But, maybe time will prove me wrong (see Jon Corbets very reasonable article on the matter).

Best of luck, VB

This is Gnome/Mono speaking, not SUSE

Posted Nov 29, 2006 15:14 UTC (Wed) by lmb (subscriber, #39048) [Link]

It's fair to point out that Nat is the CTO of the business unit to which SUSE belongs, so indeed, a SUSE person _was_ in the lead.

Late followup

Posted Dec 13, 2006 21:21 UTC (Wed) by vblum (guest, #1151) [Link]

No idea whether this will ever be read two weeks after the fact - but just in case, I wanted to add that I did go Kubuntu in the end, on a brand new computer (with one of NVidia's famed cards ... as I was voted down in the decision).

Well ... that caused some issues for Kubuntu. What amazed me, though, is that when I went back to SUSE 10.2 for a try, _that_ experience was absolutely flawless - in fact, the most perfect Linux install I have ever had. (Essentially, nothing went wrong). Since I vowed to leave SUSE above (and honestly so) I thought it was more than fair to point out, in the same place, that that did not happen in the end. For me, OpenSUSE proved a completely superior distribution regarding the level of detail applied. So, I will wait and see what really comes of the Novell-MS deal after all.

Thanks!

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 10:39 UTC (Tue) by job (guest, #670) [Link] (2 responses)

One thing I really want to know is this:

Is it correct that the $350M payment from Microsoft is a one-time payment? In that case the $40M royalty (that's Novell's words, not mine) per year in the opposite direction is very significant. Is this to be regarded as a loan, or does Novell simply not count on lasting more than 8 years?

Microsoft sunk $50M into Baystar/SCO for implying that Linux has a per unit royalty ascribed to it, but quickly got out when IBM turned it into a PR coup. Getting one of the bigger Linux vendors to do this work for them for $350M must be considered a very good deal.

Novell's IRC session on the Microsoft deal

Posted Nov 28, 2006 15:49 UTC (Tue) by pzb (guest, #656) [Link] (1 responses)

> Is it correct that the $350M payment from Microsoft is a one-time payment?
> In that case the $40M royalty (that's Novell's words, not mine) per year
> in the opposite direction is very significant. Is this to be regarded
> as a loan, or does Novell simply not count on lasting more than 8 years?

The terms, as published in a SEC filing by Novell, say that Microsoft will pay:
- $240 million for SLES subscription "certificates". Novell has suggested that there will be approximately 70,000 certificates per year over five years. This is about $686 per certificate. The normal cost for a one year subscription to SLES on non-mainframe hardware, including support, is either $799 or $1499. So this seems like a faily good deal, especially if they are for the higher level of support
- Microsoft will make an up-front net payment to Novell of $108 million [...] under the Patent Cooperation Agreement. My understanding of this is that the $108M is an up front payment of the payments Microsoft would have made over the 5 year terms for percentages of their revenue on some of their products. If you use a conservative discount for prepayment, this is worth at least $120M.

According to the same SEC filing, Microsoft has agreed to spend:
- $12 million annually for marketing Linux and Windows virtualization scenarios ($60M over five years)
- $34 million over the term of the agreement for a Microsoft sales force devoted primarily to marketing the combined offering

Although Novell will not directly see this money, as Microsoft is spending their own money, it is about $94M over five years being spent to help market and sell Linux, specifically SLES.

As for payments and expenditures from Novell, the only amount listed in the filing is:
- Novell will make ongoing payments of at least $40 million over five years to Microsoft based on percentages of Novell's Open Platform Solutions and Open Enterprise Server revenues. This means that Novell will pay at least approximately $8 million per pear, based on their revenues from NetWare and SUSE Linux products. (OPS is the Novell name for Linux, and OES contains NetWare and SLES)

So, only focusing on the patent agreement, this is almost guaranteed cash-positive for Novell. Add to that the $240 million of "certificates" that Microsoft is buying, and Novell is getting lots of money. They only way that this would signficantly change would be if Novell suddenly saw a huge uptick in NetWare and Linux revenues, which means they would pay more to Microsoft. I think Novell would be very happy with this, as it means sales are way up, which makes Wall Street happy, and allows more money to be spent on product development.

Novell's IRC session on the Microsoft deal

Posted Nov 29, 2006 8:48 UTC (Wed) by job (guest, #670) [Link]

I'm sorry, I made it look worse than it really is by typing $40M/yr instead of $40M/5yr. But the money is still there and it's a recurring payment for a "royalty". Will the payment continue after the 5 years? For how long?

These are very simple questions that Novell needs to address but they keep evading them.

We already knew about the Microsoft cooperation with Xen, that is old news. If only $240M is hard cash that Novell will see from this deal, it was even cheaper than I imagined.


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