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Novell to Defend Open Source Using Patents
bbsguru writes "As another step in its transition to an Open Source developer, Novell has thrown the considerable weight of its patent portfolio in support of the movement. A letter from Novell North American President Ron Hovesepian to all of their channel partners today said, 'This initiative is aimed at any vendor that tries to mislead customers using intellectual property rights.'"
heh heh. I wonder if they had any organization in mind when they said that.
This tagline brought to you by 1500 monkeys in just under 17 years.
My inner slashdotter is telling me I like open
source put hate patent law. I'm so confused.
How am I supposed to Karama Whore this one?
Oh well must try my best. I'll just say w00t and
hope it's enought to appease the moderation god's.
What follows is the heavily PR'ed Novell letter, interspersed with the layman translation. Marvel at its simplicity and at the bully-like tone of it:
...don't be afraid: nooo Linux ain't bad, it's aaall good. It's soft and furry and you can sleep with our products at night. So...
...since our very survival depends on Linux and we still have old patents and stuff that are so vague we could slap a lawsuit on any badmouther's face in less time that you can say "disestablishmentarianism",...
...if you so much as hint at dissing our new shiny products, we'll sue your ass off with our old patents and...
...you better believe it cuz we're fucking serious about it! You better remember that...
...we fucking did it before with that old canard Unix so it's fucking true!
* We believe that customers want and need freedom of choice in making decisions about technology solutions. Those considering Novell offerings, whether proprietary or open source, should be able to make their purchasing decisions based on technical merits, security, quality of service and value, not the threat of litigation. Novell intends to continue to compete based on such criteria.
We don't make Netware or NDS products anymore, we don't have the money. So now we jump on the Linux bandwagon and make Linux-based products, and you better believe it's just as good as our old shit. But...
* As with all purchasing considerations, customers should keep software patents in perspective. In reality, open source software poses no greater risk of patent infringement than does closed source software.
* Consistent with this belief, Novell will use its patent portfolio to protect itself against claims made against the Linux kernel or open source programs included in Novell's offerings, as dictated by the actions of others.
* In the event of a patent claim against a Novell open source product, Novell would respond using the same measures generally used to defend proprietary software products accused of patent infringement. Among other things, Novell would seek to address the claim by identifying prior art that could invalidate the patent; demonstrating that the product does not infringe the patent; redesigning the product to avoid infringement; or pursuing a license with the patent owner.
* As appropriate, Novell is prepared to use our patents, which are highly relevant in today's marketplace, to defend against those who might assert patents against open source products marketed, sold or supported by Novell. Some software vendors will attempt to counter the competitive threat of Linux by making arguments about the risk of violating patents. Vendors that assert patents against customers and competitors such as Novell do so at their own peril and with the certainty of provoking a response. We urge customers to remind vendors that all are best served by using innovation and competition to drive purchasing decisions, rather than the threat of litigation.
* Novell has previously used its ownership of UNIX copyrights and patents to protect customers against similar threats to open source software made by others.
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
+5 Insightful, really!