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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.'"
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.
Good, I like to hear that. It's nice having some of the "big dogs" on the side of Linux. But they seem to contradict themselves when they say:
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.
Seems like a threat to anyone out there thinking about possible litigation to me. Now, I doubt that there is any serious issues w/the Linux kernel code when it comes to IP but what if someone did have a legitimate claim? Someone like Novell making open threats like this might have them think twice.
Just a thought.
Woot for Novell, I think. It's interesting that they're only defending *their* open source software, but at least it is a step in the right direction.
I wonder what would happen to the world if more Free Software projects started patenting *their* stuff. I figure if you patent your software, you should have to make it open source.
Just some thoughts.
"Software is like sex; it's better when it's free." -Linus Torvalds
From Novell's website (emphasis _not_ mine) --
/me thinks it could be IBM, especially considering that they both have a bone or two to pick with His Highness Darth McBride.
:-)
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.
Well, that's a smart statement. Coming from a company like Novell, I'm sure that it would make other companies take notice.
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.
Hmm, whom could the others be?
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.
Brilliant! Simply brilliant. We now have atleast two big players (other than RedHat) who are prepared to offer legal support to Opensource, which is a great thing indeed!
Novell has previously used its ownership of UNIX copyrights and patents to protect customers against similar threats to open source software made by others.
We are a corporation, and therefore cannot legally say FUCK YOU! to SCO. However, we'll put it in such sweet-coated words hoping that the idiots over at Utah get what we mean before we haul their asses to court.
Yay! for Opensource
use the system to defeat the system. now that novell is going open, they look back and see how much non-free content they've accrued over the years and wonder how they can use it to fight for oss instead of against it.
the only thing novel has to worry about now is making sure this doesnt come back to haunt them... you can't play the devil's game without giving him his due at one point or anther, and patents are the devil.
BLING BLING. Meet the architecture that's changing everything.
Good to see a company holding a large patent portfolio openly announcing that it will basically nuke any target big enough to hit (includes most software companies) that attacks Linux.
Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
Sounds nice... Don't know if this could eventually turn against OSS, but it sure does sound nice to have one of the bigger company's supporting OSS this way. I'm against software-patents (as in "a scrollbar" or "task-grouping", I'm sure there are even worse examples out there), but if they do turn legitimate in the EU, it sure counts to have some defense on the side of OSS. Go Novell!
so instead the "enemy" sells the "infringed" patents to a shell company (*cough: IP company) that itself makes no use of any patents Novell has.
Sam
blog.sam.liddicott.com
Open Source has two very vocal and very visible advocates -- IBM and Novell. There's a strange contrast here between the big mainstream companies and the original "just for fun" ideas of Linux.
There's a part that want to see Linux dominate the global market...and those simply happy and content to be using it. I'm torn between wanting its ultimate success and being wary of "selling out" to the corporate world.
I guess that's one of the things the GPL is great for -- it allows Linux to take any direction people want it to go and still be perfectly Free.
It almost feels like a socialist slogan -- what's best for all of us (Linux community) is in reality the best for you as well (IBM/Novell).
I for one welcome our new SUSE-maintaining overlords.
Software companies often generate and cross license patents in patent pools. This type of activity defends against other companies who actually build products and have many patents (though not against the IP firms with nothing to offer but litigation).
Novell's step is a different way of accomplishing this. Would be interesting if the open source movement itself started developing patents to play a role in patent pools.
But there is a but...
Seeing is believing here. On a patent attack Novell will be tempted to cross license the issue, but for Novell customers only, not for Open Source users and distributers in general. It would be nice to see a company like Novell champion the defense of Open Source, and if they do it would be beneficial to the world in general, but how far will they go in a direction that will help competitors like RedHat as well as themselves?
Maybe RedHat and Novell will team up against attacks (RedHat already has a fund to protect Open Source over fraudulent copyright claims). That would really be beneficial, not least to RedHat and Novell!
Web Sig: Eddy Currents
Overall, it's quite positive for open source. BUT:
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.
This paragraph came from the Novell statement about how they would deal with a patent infringement claim. The last bit "pursuing a licence with the patent holder" might not get you what you want. Imagine if your OSS program ends up being only usable by users of SuSE/Novell Linux, because they bought an exclusive license for the patent...
David
They should give an opinion on lawsuits from patent holding companies, who don't produce any product and are simply used to attack by proxy and are basically immune from counterattacks. IANAL, but a good workaround might be to attack whoever sold the patent to the holding company.
Bruce
Bruce Perens.
I work in a shop that has Novell as the core controller for email and network authentication. There are plans for migrating to Linux servers with Novell services and ultimately Linux workstations using Novell services.
Some of my peers express hesitation on these moves where I assert "What is Novell but a set of services? They needn't be tied to any particular OS so why not a particularly useful, flexible and free one?" Hell, for that matter, Microsoft could easily do the same thing -- hosting their services on a Linux or BSD host server system to create an ultra-stable server system that can do one hell of a lot more than it does now. (Then they really WOULD have Windows Services for Unix!)
I think this statement goes a long way to ease any potential fears of Novell customers who are moving to their Linux-based products and I think that is their primary target. It's not enough for them to say "if you get sued, we'll pick up the bill." They have to take up a pro-active stance against anyone who would think about making such a move... and so that's clearly what they are doing.
Now I don't read this as them defending the whole of the OSS community, but it's still a rather large umbrella of protection they are suggesting here... potentially larger than they might at first realize? It boggles the mind to think about it, but it's a very reassuring move on Novell's part.
If this stuff keeps up, people will scoff at Microsoft for running a "proprietary operating system" when all others are running something that is more open, trusted and established.
Mistaken. We the consumers don't care about patents. We the consumers gain absolutely nothing from patents. The patent as we know, has been used as a tool to attack the competition. Now who ultimately benefits when there is less competition? Who benefits when there is more competition? The patent argument is weak. There is nothing anyone can say today to convince me that patents are good for anyone beyond those that hold the majority of patents. I dare you to start up an argument in favor of patents. I will crush you. Do you even have a good understanding of the history of patents? Unless you have done at least some reading on the subject, don't argue the side that obviously doesn't care about you.
Alas, it's pure marketing nonsense; FUD as bad as any that MS has ever been accused of putting out.
Consider:
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.
Now this is a pretty bold assertion. But they seem to back it up..
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.
Right? Right? Well, no. not really.
The patent issue in OSS is "third party infringement" that works as such:
- Company P has a patent on X.
- OSS Developer A unknowingly uses X in his OSS product L.
- Company BigCo uses L. P notices that BigCo uses L and claims that because the source for L is "open", that BigCo has a legal duty to check to see that no patents are violated. P sues BigCo.
Contrast this to the case where product L$ is not OSS and so BigCo feels secure that even if there is some infringement, it could not have reasonably known about it (so P sues A$)The Novell claim does nothing about this third party problem except in the perverse and unlikely situation where invention P just happens to be actually based on some of Novell's prior art in the first place (and probably a few common variants of that, too). Great.. nice to see that Novell would fight for this, I guess. But that hardly seems worthwhile making an announcement over.
So how is this FUD? (or rather some weird inverse of FUD, where you're falsely trying to instill certainty and comfort). Plainly, because Novell has done nothing to address the fundamental problem of OSS and Patents but has claimed nevertheless that patents are not an issue.
N.B. In the final analysis, they might not be an issue. But do you want to be the first BigCo that gets sued by some P? I think it's reasonable for BigCos to sit out and wait until some other BigCo pays the legal bills to get that question solved..
Patents in the software world today are like nuclear weapons. You want a powerful arsenal in order to ensure that no one attacks you. By the same token, you are wary of attacking anyone else because neither of you will come out well.
So if Novell is positioning their patents to defend open source, it's morally the same as if open source just went nuclear. Or more accurately, made a defense pact with a nuclear power - open source can help Novell compete, and Novell can protect open source. Indeed, in IBM's countersuit to SCO they drew their patent sword, IIRC. Granted SCO attacked IBM specifically, but if IBM decides to say "be nice to the open source community or we might decide to check you out for patent violations" that would go a long way toward keeping things quite. Open source would be given, in effect, honary membership in the patent superpower standoff. People who might consider trying to use patents to crush open source *cough*Microsoft*cough* might be forced to think twice. Legal costs for any fight of this type are really quite scary, to say nothing of the time lost. Considering how fast the software business moves, it wouldn't be surprising to me if most lawsuits are technologically irrelevant by the time they get finished.
This is a solution I hadn't considered to the patent problem, and one I'm not wild about because a) the fundamental problem doesn't get fixed and b) it depends on the good will of companies. By the same token, however, of those companies ARE making $$ from open source it is most definitely in their self interest to keep the vultures off the open source community as a whole, and I suppose in today's society there really isn't much we can count on except self interest.
"I object to doing things that computers can do." -- Olin Shivers, lispers.org
I'd personally like to see the General Patent License; a license written by those who hold patents, saying something like:
You may freely use, modify, and derive from our patent, so long as all improvements on the patent you devise are under this license. If you release an improvement, that improvement is released under this license and you cannot restrict the further release of the improvement by the recipient. If you violate the terms of this license, it is revoked and you lose all rights to use, modify, and derive from the work contained within this patent.
Etc, etc, etc.
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Mod me down, you fucking twits. Go ahead. I dare you.
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