Novell rejects Microsoft’s Linux patent claims

Benzies said on Wednesday, 16 May 2007

OMG, wow. So i wonder how big Microsoft feels right now.

N/A said on Wednesday, 16 May 2007

Microsoft is Getting really scared now (Be aware Bill Gates)

Skeptic said on Wednesday, 16 May 2007

If there is no infringement... then why did Novell sign the agreement?

Eric Wilson said on Wednesday, 16 May 2007

Novell should work with Microsoft. They just need to not compromise with them. It is good for Linux for greater compatibility with Microsoft, PLUS in the short term, it is good for Microsoft, POSSIBLY in the long term too.

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xgunterx said on Wednesday, 16 May 2007

Novell took a reasonable decision to make a deal with MS from a business standpoint. Novell never admitted there are infringements in the Linux code.
'If' there are infringements that is up to the courts to decide. Before that, they are 'potential or possible' infringements.
But litigation costs money, also for the defender even if the claims are bogus. If they didn't took the deal, there would always have been the uncertainty wether MS would go after them and MS has deeper pockets.
They are protecting only there users, well so is Redhat with there indemnification.
It's not there fault that the US patent system is so fucked up.
Besides, this patent clause was only one part of the deal. What really was there goal is to get a better interoperability with the products from MS.

Now Novell seems to be the pariah of the OSS community, but if they had not signed the deals, they would have been the ultimate heroes considering the SCO-Novell or the SCO-Linux litigation.
Get real.

F

SVPIRATE said on Wednesday, 16 May 2007

I think this is very interesting. I think Novell's chief has just realised that even though they signed an indemnity with Microsoft, Microsoft have still turned round and badmouthed FOSS and Linux, which is a large part of Novell's business model.

They thought they'd got into bed with the top dog and protected their asses from being damaged by Microsoft. Instead it was a one night stand, and they got shafted, just like everyone else that signed into Microsoft's crooked 'license' scheme.

I expect Sun are non-too-impressed with this stance on FOSS, neither will IBM be, both are Microsoft patent license holders AFAIK.

Microsoft are FUD-ing again. I won't buy any of this bullshit until someone puts the patent numbers and details in front of the FOSS community to examine in detail.

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Roy Schestowitz said on Wednesday, 16 May 2007

There are contradictions in Novell's argument here. See:

boycottnovell.com
2007/05/15/story-contradicts/

"We have three options here:

* Microsoft may be changing the story it tells;
* Novell is simply not being honest;
* or it is just a case of flawed journalism"

I don't trust Novell and this reply from them is typical PR pitch.

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davidarussell said on Wednesday, 16 May 2007

So why exactly have they agreed a deal with Microsoft under which the latter promises not to sue Novell for 'patent infringement' in SuSe?

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venom8599 said on Wednesday, 16 May 2007

Probably so that they got the patent cross-licensing deal with Microsoft, in exchange for a minimum of $40,000,000 (based on their Linux revenue, but min. $40,000,000) in exchange for a "balancing" payment of ~$100,000,000 from Microsoft, since Microsoft's products and patents bring in more money than Novell's own patents.

So you're looking at the potential for a $60,000,000 windfall... If you were in Novell's shoes you'd be an idiot to decline this from a financial standpoint.

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CyberwarriorX said on Wednesday, 16 May 2007

"The actual deal was more along the lines of "we promise not to sue each other over patent infringments in our software" than linux specifically. That's why they're technically not violating the GPL."

The reason they are technically not violating the GPL is because they agreed not to sue each others' customers. They are still free to sue each other.

insanegeek said on Wednesday, 16 May 2007

I am absolutely positive there are lots and lots of patent infringements in Linux. Look at all the companies that are getting bombarded by lawsuits for patent infringements (I think MS themselves is getting one every other month as of late) and they have acres of lawyers combing the books trying to find them before hand.

It would be extremely short-sighted and stupid to believe that Linux doesn't have any, I don't know if there are any MS ones, but to say it in a general statement... well that's very naive.

The bigger question is what does it mean when some company really steps forward and decides they want to actually push the issue in a court rather than in the news media.

I'm not really quite sure where the exposure levels are, but I think it would be interesting to find out: if you are an individual developer and giving away the code and not even charging for support, a company that paid employees to create the code and distributes it and charges support (Redhat, Suse, e

Nocterminus said on Wednesday, 16 May 2007

I wonder if Microsoft is feeling threatened by the new generation of nix distros that are so easy to use that companies like Dell are starting to offer it and they want to introduce FUD to discourage any business from adopting it for fear of legal problems?

I've been using ubuntu for over a year and find no practical reason to buy vista.

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Deadbaby said on Wednesday, 16 May 2007

How can Microsoft not realize what a terrible idea this is? Even people who have zero interest in using Linux respect its right to exist.

Microsoft is making the same mistake the MPAA/RIAA/etc are -- they are driving people towards alternatives by alienating consumers.

Anonymous said on Wednesday, 16 May 2007

I am glad that Novell dismisses it, because people are not happy with Novell, and Novell is loosing their respect and support in the community.

Go Red Hat! Go Google! Go Sun Microsystems! :)

alex said on Thursday, 17 May 2007

I am a Novell customer. I would like Novell to be ready to act beyond words, i.e. stating clearly that it would actively stand up to support the open source community (and particularly the Linux one) should MS decide to take any actions (which I do not believe, but you never know...)

Rick said on Thursday, 17 May 2007

MS is driving me nuts, put up or shut up!!! it is FUD that is killing things. Their products OMG 2008 server then an interim release in 2009 then the final.... their "sofware assurance program" is something you should expect from a "Mafia Corp." hmmm. MS? MicroSoft or MafiaSoftware?
It's getting Old and this flap has stalled a major project for me and that is all they are trying to do. MS is like a leach on our bottom line. The OSS we use is paid for and support is purchased! everyone in business is there to make money but for the love of God how much is enough

oh yeah? said on Thursday, 17 May 2007

If that is so then it was plain stupid to make a "Not to sue each other's customers."

The users of Novell are novell's concern. If there are any IP infringement on the product it's novell that has to answer that not the users. Therefore, the agreement is more of an extortion to users of GNU/Linux. Feeding in fear which is not the ethics of the FOSS Community.

Furthermore, I think they should visit the restrictions that both Novell-Microsoft have granted to Open Source Developers.

So, my assessment. It's just mere words from Novell without even an ounce of credibility in it.

Novell.... go sink with Microsoft.