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.'"

Comments

seems like Novell has a threatening tone...

[garcia]

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.

Re:seems like Novell has a threatening tone...

[kevinank]

Frankly, I'm not certain that Novell's help with patents will be as important to Free software as the simple problem that most open source developers simply aren't worth suing. Taking your patent and asserting a claim against IBM, or Novell is one thing; if you win you might stand to claim some hundreds of millions of dollars. Suing me is comparatively pointless. You might sue to avoid competition, but suing for income is pretty meaningless.

On the other hand, suing (or warning of the intent to sue) to get rid of open source competition really only has the effect of having your patented whatever be removed from the code in question, which ultimately gives you less control over the problem application. You are better off leaving it in, and threatening deep pockets like IBM instead.

Re:seems like Novell has a threatening tone...

[mefus]

That doesn't seem like they are going to fight once litigation is started. That words leads me to believe that they would start litigation if anyone even brought up the idea that their IP was being used w/o permission in the kernel.

Red Hat sought a clarification of SCOX's copyright as a pre-emptive measure against the good grounds they felt they have that SCOX was going to initiate a suit against them. This is the same thing, but Red Hat didn't act unilaterally, they thought there was a very good chance they would end up in court with SCOX based on McBride's palaver to the press.

Novell is merely recognizing that may be a necessary measure for them, as well. In fact, SCOX did sue them in anticipation of such a pre-emptive move by Novell in such a way they could still deny there was a controversy regarding copyright ownership of Unix SysV (which would, as has been shown at Groklaw erode their multiple cases against various Linux users, present their shareholders with evidence they didn't have sufficient control over the copyrights that were central to their fiscal plan and the justification for investment in SCOX's legal plans, and is the reason they sued for "Slander of Title" instead of something actually legally tractable.)

That's all that might implies.

Hmm...

[ticklejw]

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.

Re:Hmm...

[ticklejw]

It's been on my mind a lot lately, actually. Like take a car, since we often hear about "would you buy a car with the hood welded shut." I can patent a car... or maybe more specifically a type of engine or something. But the thing is, once its patented, the plans are out there, plus just anyone can take it apart and see what makes it tick.

This is why I can understand patenting real things, because if you've invented this awesome engine, all I'd need to do is reinvent it myself but find a way to make the same thing faster, smaller, and cheaper, and suddenly I control the market, not you.

Software though... the problem here is that in reality, there's infinite supply. In the supply and demand idea, what happens when you have infinite supply? Things get ugly and the whole system breaks down. That's why people want to try patenting software, to force an artificial supply limitation on something that has an unlimited supply naturally.

So while it'd be best to just eliminate software patents from the picture and let it work itself out naturally as it has for Red Hat, and is starting to for IBM and Novell, I doubt it's going to happen, at least not as long as bigger companies have more money to throw at keeping it law. What's the solution?

If you keep your software closed-source, you can't patent it, because you can't show how you did it. You're free to copyright it if you'd like, just no patenting. If you want to patent your software, you have to let *everyone* see how it works, without reverse-engineering.

Quite interesting

[metlin]

From Novell's website (emphasis _not_ mine) --

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? /me thinks it could be IBM, especially considering that they both have a bone or two to pick with His Highness Darth McBride.

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 :-)

exactly what i would do

[Power Everywhere]

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.

Mutually assured destruction.

[theparanoidcynic]

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.

Strange but welcome allies

[Anonymous Coward]

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.

Good News, But....

[eamacnaghten]

This is good news, both in respect of the defense of direct attacks against Linux that we are expecting, but also in increasing general confidence in the Open Source Model in general.

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!

Not as good as it seems

[dmp123]

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