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According to this article MS doesn't have a case:
http://boycottnovell.com/2007/05/15/software-is-no t-a-component/

Microsoft's lawyer has agreed that there should be a device in order for a patent to be valid.
Since Linux/OSS is not "married to a device" (as the lawyer names it) patents do not apply according to the theory of MS lawyer MR Olson.

What about SUSE? Novell is paying a "patent tax" to MS.

sure, the patent covenant that Novell has accepted on behalf of their customers and opensuse developers (do they even have the legal right to make a deal on their behalf?) puts additional restrictions on redistribution and makes distinctions between uses and source of the code(commercial vs. hobbyist) and also grants additional rights to some developers which they cannot pass on, in violation of GPL v2 Section 6 (in my opinion). The question is, do you accept the terms and conditions of the ms community commitment by being a Novell/SUSE user/developer/customer?

According to Novell, this deal is "Microsoft's Official Entry into the Linux Space".

I believe the Oracle announcement put the rush on the deal.

"...Y'know, we're a Linux company, we do identity management, but we're a Linux company. Identity management, there's so much happening there to open source alot of the APIs, which we've already done, the only thing we haven't open-sourced in the identity world is kinda our directory, and I can tell you what, we probably won't, because again - the same reason alot of proprietary vendors wont take their big software and unwrap it, like I've always said- if you unwrap this baby its ugly, people will run away, ok, there's certain proprietary software that you never want anyone to look at..."

Deutsche Bank fund bets on patents as asset class

Boycott Novell.

http://boycottnovell.com/2006/12/16/contrasting-re d-hat-and-novells-philosophies/

Novell FUDs too. Plus, they said ballmer was taken out of context.

Novell FUDs too. Plus, they said ballmer was taken out of context.

About Ballmer's statements, Novell has said, those balance sheet statements were "taken out of context"

samba is moving to GPL 3 as soon as they can, so Novell will need to change the deal or fork.

Hopefully, Novell will keep Stafford Masie's promise to be GPL v3 compliant, fix the deal, and then maybe they can hire him back, with a raise and promotion of course. Best of luck to Jeremy.

Something far more sinister is afoot than just Novl opting to be msft's lap dog.

What stands out most to me is a pattern of an anticompetitive Microsoft's increasing efforts to paint competitors as "anti-business". The noise around this deal inevitably takes on more of this characteristic with increased marketing from Microsoft: you can see it spreading in the form of editorials, "perspectives", etc.

Very likely many SUSE licenses will indeed be distributed in a hurry either from Novell or Microsoft. When GPLv3 is published, the sh*t hit will hit the fan, Novell customers will be stuck, the Microsoft FUD engine will be at its max, it will point out how free software licenses are anti-business, and create ever more FUD. Microsoft will waste untold talent and resources for the noble purpose of guaranteeing their monopoly by destroying free software.

Readers can keep up-to-date with efforts that continue to expose this sham of a deal.

Funny how it isn't FUD when you are in the unique position to benefit from Microsoft's fearmongering about potential "IP" violations in Linux. Hovsepian also said that he was "disappointed" by Ballmer's "Undisclosed Balance Sheet" statement, but did not want to overreact since he knows how things can be taken out of context.

Funny how it isn't FUD when you are in the unique position to benefit from Microsoft's fearmongering about potential "IP" violations in Linux. Hovsepian also said that he was "disappointed" by Ballmer's "Undisclosed Balance Sheet" statement, but did not want to overreact since he knows how things can be taken out of context.

Microsoft has complied with all of the EC decision except the interoperability documentation, one of the squabbles is what the 'license terms' should be for the interface info - MS doesnt want it to be free, and heaven forbid GPL-friendly.

Novell has now validated MS claim that the interface info is indeed license worthy, notice they are paying royalties, so now MS can say to the EU that Novell found their license terms "Reasonable and Non Discriminatory". The Novell deal will undermine the EC ruling, and ensure that anyone wanting to interoperate with MS will need to license and pay royalties (and NOT REDISTRIBUTE).

Novell sold the community out, why did they pay MS for the interoperability info that the EC was forcing them to hand over? The deal was about interoperability after all, but that may be worse.

Microsoft has complied with all of the EC decision except the interoperability documentation, one of the squabbles is what the 'license terms' should be for the interface info - MS doesnt want it to be free, and heaven forbid GPL-friendly.

Novell has now validated MS claim that the interface info is indeed license worthy, notice they are paying royalties, so now MS can say to the EU that Novell found their license terms "Reasonable and Non Discriminatory". The Novell deal will undermine the EC ruling, and ensure that anyone wanting to interoperate with MS will need to license and pay royalties (and NOT REDISTRIBUTE).

Novell sold the community out, why did they pay MS for the interoperability info that the EC was forcing them to hand over? The deal was about interoperability after all, but that may be worse.

It;s about the EC ruling, Novell is helping MS undermine the ruling; What about the EC Ruling

MS/Novell shows only contempt for you. If enough speak out, the bankers notice:

The transaction would negatively impact the companys position in the open source community.

Read the interview Moglen: How we'll kill the Microsoft Novell deal.

Alright that's the legal piece. There's also www,boycottnovell.com and the Samba disapproval. Other links and ideas welcome.

Ballmer is saying that ALL LINUX has been "tainted with their crud" the whole time

Let us all remember who it is that is complicit in this FUD campaign, Novell 's self-serving deal legitimizes Microsoft's assault on Linux. Regardless of the technical wording of the deal, and whether it can be established that Novell is violating the letter of the GPL 2, they are certainly violating its spirit, Novell must not be supported.

2) Nice, Redhat!