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Novell to Defend Open Source Using Patents

Posted by michael on from the here-he-comes-to-save-the-day dept.

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.'"

13 of 230 comments (clear)

  1. seems like Novell has a threatening tone... by garcia · · Score: 5, Interesting

    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.

    1. Re:seems like Novell has a threatening tone... by garcia · · Score: 5, Insightful

      The difference is that a company like Microsoft says "we don't like you and will sue you for patent infringement" whereas Novell is saying "if you sue us we'll sue you back". Big difference.

      Well, that's what I thought until I noticed a particular word (emphasis mine):

      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.

      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.

    2. Re:seems like Novell has a threatening tone... by Chyeld · · Score: 5, Insightful

      The main use, today, for a huge patent profile, is to cross-license it with other companies as protection against them suing you for patent infringement.

      I.E. Sun goes to IBM, they both agree to cross-license their patents. Now, Sun doesn't have to worry about being sued by IBM, IBM doesn't have to worry about being sued by Sun. They both are free to sue some third company that isn't part of the alliance.

      What I read from Novell's statement is basicly:
      "If you attempt to go after any open source product we support, we will pull out our huge portfolio of patents and bury you in litigation for each and every infringing use of our patents we can discover. Our patents are many and powerful, mess with us and you will die a horrible and slow death by lawyers. You won't even be able to afford your funeral. So back off the FOSS projects, unless you think you've got bigger guns."

      Useful, as long as no one they've already cross-licensed with is involved.

    3. Re:seems like Novell has a threatening tone... by antiMStroll · · Score: 5, Insightful

      I don't get it, this is common English usage of the word "might" to refer to potential future acts. The normal reading of this is "to those who might sue us, we intend to defend our open source inventory with the full weight of our patent portfolio." 'Defend' is the operative word. You're completely twisting into a first strike policy read as "we intend to sue first anyone who might some day sue us". It's a ridiculous, doomed to failure legal position for a company with such long experience in litigation to assert.

  2. Quite interesting by metlin · · Score: 5, Interesting

    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 :-)

  3. exactly what i would do by Power+Everywhere · · Score: 5, Interesting

    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.

  4. Mutually assured destruction. by theparanoidcynic · · Score: 5, Interesting

    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 . . . . .
  5. A step in the right direction by Bruce+Perens · · Score: 5, Insightful
    The Novell policy notice is a step in the right direction. I'd like the next revision of the document to state that they won't use their own patents against software licensed as Open Source. I'm told that Novell PR person Bruce Lowry has been telling that to reporters, so let's please see it in writing.

    Also, I should point out, so that people can understand how far the document goes, that Novell's threat is not useful against companies with which they have already executed a patent cross-license. These could include most of the large companies in the computer industry and might include Microsoft. And of course the document is not a promise to act against anyone. Novell still gets to decide who they sue.

    Thanks

    Bruce

    --
    Bruce Perens.
  6. Brain hurts by genner · · Score: 5, Funny

    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.

  7. Strange but welcome allies by Anonymous Coward · · Score: 5, Interesting

    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.

  8. Good News, But.... by eamacnaghten · · Score: 5, Interesting
    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!

    --

    Web Sig: Eddy Currents

  9. Makes Business Sense by diagnosis · · Score: 5, Insightful

    It's been pretty clear for a while now that Novell wants to be a part of open source success. They announced their big enterprise server package last week (see http://www.novell.com/news/press/archive/2004/10/p r04068.html), which is driving continual SuSE upgrades and taking advantage of a bunch of Open Source work. They are making SuSE rock really hard, and it has what is so far my favorite package management tools. And anyway now they are 10 months ahead of schedule with their Enterprise stuff, thanks in part to the magic of open source.

    Of course, none of this is helping to make the Netware client less of a beast on Windows.

    ---------------------
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  10. Not as good as it seems by dmp123 · · Score: 5, Interesting

    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