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Microsoft/Novell Deal Could Create Two-Tier Linux Market

Rob writes writes to mention a Computer Business Review article about the recent Microsoft/Novell Linux deal. Article author Matthew Aslet warns that while some may see the announcement as a step forward, it may ultimately be very divisive for the Linux community. From the article: "Microsoft made it clear that only SUSE users and developers, as well as unsalaried Linux developers, are protected. 'Let me be clear about one thing, we don't license our intellectual property to Linux because of the way Linux licensing GPL framework works, that's not really a possibility,' said Microsoft chief executive, Steve Ballmer. 'Novell is actually just a proxy for its customers, and it's only for its customers,' he added. 'This does not apply to any forms of Linux other than Novell's SUSE Linux. And if people want to have peace and interoperability, they'll look at Novell's SUSE Linux. If they make other choices, they have all of the compliance and intellectual property issues that are associated with that.'"

375 comments

  1. Not kidding by El+Lobo · · Score: 0

    So Linux has not been fragmented until MS came it to play... Wow, incredible...!

    --
    It's time to realise that Abble's products are the biggest abomination these days. Just say NO to the dumb iAbble way!!
    1. Re:Not kidding by ibbo · · Score: 3, Insightful

      Its simple bring all distro's under Europe wing and see if MS can be a bully then. We all know how Europe is chomping at the bit already, so lets remove the bit and let them chomp M$.

      Patent Infringements I ask you they certainly know how to play their own game thats for sure.

      --
      Linux user #349545 (GNU/Linux)iD8DBQBAzWjX+MZAIjBWXGURAmflAKCntuBbuKC WenpmXoA7LNydllVQOwCfdjyzXscd
    2. Re:Not kidding by Anonymous Coward · · Score: 0

      I really don't want to hear about your open sores.

    3. Re:Not kidding by ClosedSource · · Score: 1

      It's hard to imagine what law Europe would use to chomp MS with for this deal.

    4. Re:Not kidding by jacksonj04 · · Score: 4, Funny

      I'm sure the EU have a committee working on it already. After all, the EU directive on cucumbers (Yes, it really does exist: EU Commission Directive 1677/88) runs to 7 pages and more words than the vast majority of significant documents (US Constitution, Magna Carta, Geneva Convention, Treaty of Versailles etc).

      Amongst other things, it states that any cucumber with a curvature of more than 10mm per 10cm length cannot be sold as a Class 1 product. Microsoft must have broken something in one of the more obscure directives.

      --
      How many people can read hex if only you and dead people can read hex?
  2. What the fuck ever. by Ayanami+Rei · · Score: 0, Troll

    MS will open stuff up, and I will take and run with what I can get away with.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
    1. Re:What the fuck ever. by jamstar7 · · Score: 1
      MS will open stuff up, and I will take and run with what I can get away with.

      No, they won't. TFA states they won't. Their intention is to keep MS as MS, Linux as Linux.

      From TFA:

      "Let me be clear about one thing, we don't license our intellectual property to Linux because of the way Linux licensing GPL framework works, that's not really a possibility," said Microsoft chief executive, Steve Ballmer.

      See what I mean? Only thing this could be is a shotgun wedding with Novell to 'shield them' from litigation while they attempt to take down the rest of the distros. And when Novell has served its purpose... Well, the lamb CAN exist with the lion, but only as lunch. Any bets on who's gonna be lunch?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    2. Re:What the fuck ever. by kahrytan · · Score: 1


      My Money is on Microsoft. Linux corporations or users are not that dumb. Microsoft Windows users may be dumb as shit but Linux users are shaper then a two edged diamond tiped sword.

      It's about time for a Red Hat, Canonical, and Mandriva to form an alliance.

      --
      \
    3. Re:What the fuck ever. by chicagotypewriter · · Score: 1

      As long as it involves two edged diamond tipped swords, you can count me in.

    4. Re:What the fuck ever. by Real1tyCzech · · Score: 0

      But they can't spell for shit.

    5. Re:What the fuck ever. by angrykeyboarder · · Score: 1
      My Money is on Microsoft. Linux corporations or users are not that dumb. Microsoft Windows users may be dumb as shit but Linux users are shaper [sic] then a two edged diamond tiped [sic] sword.


      Wow. I had no idea! Thanks for that! I had this crazy notion that there were brilliant, idoit and everything-in-between users (and administrators) on all Operating Systems.

      I stand corrected...
      --
      Scott

      ©20014 angrykeyboarder & Elmer Fudd. All Wights Wesewved
  3. Bill + Steve by Harmonious+Botch · · Score: 5, Funny

    Bill: I'm worried, Steve. We're losing more ground to Linux. It's on the verge of becoming a non-nerd OS.

    Steve: I've got an idea. Let's buy another version of Linux.

    Bill: Are you crazy? The SCO gambit didn't fool anybody.

    Steve: No, not like that. Instead of trying to fool a judge, we'll try to fool our customers.

    Bill: So? That's already company policy.

    Steve: Yes, but we'll release our own version. We tell the public that we're joining the Linux bandwagon, and with our marketing clout, it will soon become the dominant version on the market. Then when the public is convinced that MSLinux IS Linux, we make gradual changes to turn it into an unusable bloated wreck. Linux will be finished!

    Bill: No way! Remember, Steve, I used to write software. No self-respecting programmer would deliberately wreck an OS. Where are we going to get a bunch of programmers to do that?

    Steve: We have all the guys who wrote Vista. I think they could do it.

    1. Re:Bill + Steve by Anonymous Coward · · Score: 2, Funny

      >Total myth. bg knows what lines of code look like on a piece of paper, and that's pretty much it. He hasn't ever coded anything to functional completion.

      Don't lie! It didn't look good. It wasn't fun. But it did get finished.

    2. Re:Bill + Steve by Anonymous Coward · · Score: 0

      You forgot

      Bill Gates & Steve Balmer toghether : Or better yet, we could go find a cliff or a bridge somewhere, then take our entire fucktarded familes. Then we could have them all jump off to their deaths, and after that we'll jump to ours as we are just too stupid to even exist let alone use a computer. Then there will be less fucktards in the gene pool.

    3. Re:Bill + Steve by Hal_Porter · · Score: 3, Informative

      Bill: No way! Remember, Steve, I used to write software

      Total myth. bg knows what lines of code look like on a piece of paper, and that's pretty much it. He hasn't ever coded anything to functional completion.


      http://en.wikipedia.org/wiki/Microsoft_BASIC
      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    4. Re:Bill + Steve by just_forget_it · · Score: 2, Funny

      Didn't Bill Gates write "Nibbles" or something?

    5. Re:Bill + Steve by drinkypoo · · Score: 1
      Total myth. bg knows what lines of code look like on a piece of paper, and that's pretty much it. He hasn't ever coded anything to functional completion.

      Bill Gates has always taken the lion's share of the credit for Altair Basic (the first Microsoft product.) Have a debunking?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Bill + Steve by MECC · · Score: 1

      co-written by Microsoft co-founder Bill Gates.

      Co-wrote as in how he co-wrote a portion of the bootloader for DOS. Which meant started.

      Calling everyone who has typed in a few lines of code a programmer really lowers the definition of what a programmer is.

      I really don't see what the fuss is. People are always trying to paint bg as some kind of 'computer genius' or geek. He's good at making money, not writing code.

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
    7. Re:Bill + Steve by Gigaflynn · · Score: 1

      shit, Linux/MS joining together, thats got to be an omen of bad things to come, like armageddon

      --
      "Neo, follow the white rabbit"
      "Can i eat the white rabbit?"
      "No, there is no spoon to eat it with"
    8. Re:Bill + Steve by ClosedSource · · Score: 1

      The guy wrote in assembly language which gives him a lot more "geek cred" than most Slashdotter's can lay claim to IMHO.

  4. The writing is on the wall! by csoto · · Score: 3, Insightful

    Novell just bent over and let Stevie "embrace and extend." Rather than usurp Red Hat, this is going to make Microsoft-connected SuSE Linux software coda non grata in the OSS community.

    --
    There exists no way of exchanging information without making judgments. --Bene Gesserit Axiom
    1. Re:The writing is on the wall! by Archangel+Michael · · Score: 1

      Exactly!

      I'm a SuSE guy, and when I heard this, I thought to myslef (and now you can read my thoughts), "I'm going to have to find a new distro"!

      That being said, I am not sure what M$ thinks that they can bring to the Linux front that is not already there, except more of the same. Are they going to bring "Office"? I doubt it. Are they going to bring AD? Maybe, but who cares. Are they going to bring M$ SQL?

      Oh, I think I just got it. Oracle/Redhat .... M$/SuSE-Novell.

      Once you think about it, it makes perfect sense. M$ is a "me too" kinda company without real innovation of anything new. They should change its name to MeToo.

      Seriously, its time to drop SuSE. I am truly sad.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:The writing is on the wall! by gstoddart · · Score: 4, Informative
      Novell just bent over and let Stevie "embrace and extend." Rather than usurp Red Hat, this is going to make Microsoft-connected SuSE Linux software coda non grata in the OSS community.

      They're not worried about the OSS community. Not even a little.

      This is about making the perception among customers that the only way to have a Linux which is free from being sued by Microsoft for IP violations is to go with Novell/Suse. They hope to make the rest of the Linux offerings 'poisoned' for businesses to use with the veiled threat that all other versions of Linux are potentially tainted.

      Really, who didn't see this coming on the day they announced it?

      Cheers
      --
      Lost at C:>. Found at C.
    3. Re:The writing is on the wall! by Anonymous Coward · · Score: 0
      They should change its name to MeToo.
      I was thinking more along the lines of "MicroSux."

      /ducks
    4. Re:The writing is on the wall! by suggsjc · · Score: 1
      Seriously, its time to drop SuSE. I am truly sad.
      Three words. You - Bun - Too or Ubuntu if you couldn't follow the phonetics.

      Run it on my laptop and it *just works*. Running it on 4-5 servers and couldn't be happier.

      I've never used SuSE for any extended period of time, so I can't compare/contrast, only give credit to the distribution that I know/use.

      Quick thought on the article. I find the different thought patterns concerning microsoft hilarious. On one side there is nothing the company can do right. They could completely open source *ALL* of their entire software portfolio under the GPL and those people would still be yelling "its a trap." On the other side people admire their business/marketing savvy and realize that even if it doesn't come up with truly innovative solutions, it is able to push technology all over the globe (better/faster than any other company in the world).
      --
      When I have a kid, I want to put him in one of those strollers for twins and then run around the mall looking frantic.
    5. Re:The writing is on the wall! by Anonymous Coward · · Score: 0

      If that is the plan, it is a very bad plan. By giving "legitimity" to SuSe, they are giving it to Linux in general.

      If it is ok to have SuSe servers left and right, then it is only a matter of time before it is okay to have RedHat servers too.

    6. Re:The writing is on the wall! by McNihil · · Score: 1

      "coda non grata" Ok... Coda means tail and not code.

      "Formula non grata" would be way more appropriate.

    7. Re:The writing is on the wall! by spurioustruth · · Score: 2, Insightful

      In general, if I am using a Linux product I use it at least partially because of its rather clean non-encumbered IP position. The hope is that the GPL assists in that protection as well.

      While it would be nice to be able to say "Well, if Novell (or whoever) is willingly putting IP encumbered stuff into their Linux then I don't want to use them", the reality is you can't really make that statement: the IP systems currently in play make disclosing the problematic elements a major no-no.

      There has been basically one study (from 2004--New York based Open Source Risk Management will announce it has studied the Linux kernel and discovered it infringes on about 283 issued patents. Twenty-seven of those patents are owned by Microsoft.") so far that has addressed this IP problem in the kernel--the kernel, not the applications that run in that infrastructure.

      Yes, we know a few of the items of interest, but 283 of 'em? And you can't exactly find the list because of the little perverse "if you knew then you willfully violated IP..." issue in patent law.

      We (the Linux community in general) need to spend a little time making sure our IP is spotless against such (hopefully) groundless diatribes from the likes of Microsoft (and SCO, etc...).

      Ultimately tho, companies with big pockets will always be able to sue (with cause or with malice) smaller entities and make them go away.

      A few nice links:

      Willfullness issue (just an abstract):
      http://papers.ssrn.com/sol3/papers.cfm?abstract_id =472901

      The OSRM position paper on IP issues in Linux (minus the specifics of course... )
      http://www.osriskmanagement.com/pdf_articles/linux patentpaper.pdf

      Another piece from D. Ravicher (of OSRM/PubPat fame) re: Ballmer's comments:
      http://www.eweek.com/article2/0,1759,1729908,00.as p

    8. Re:The writing is on the wall! by tacocat · · Score: 1

      I agree.

      Quite possibly the most effective means of addressing this latest move is to simply ban SuSE from the community.

      You can't support free SuSE RPM distribution websites because you risk carrying some IP protected code. Much like you can't run a Gnutella server anymore because you might get sued for having it on, regardless of the content provided.

      Similarly, I think it would benefit the community as a whole if those who do use SuSE made the effort to get away from SuSE and find an alternative that works. SuSE isn't so awesome that there is nothing to compare it with. Neither is RedHat for that matter. But RedHat might be an alternative. I'm not so sure how RH manages their support/stability compared to SuSE.

      I am a Debian user and am so by choice. I spent a full year with both RedHat and then a full year with SuSE and found that I much preferred Debian over both of them. The simple reason is that Debian does what I expect it so, it works, and it's far easier to manage over the long haul than either one. But this is my experience and therefore my bias.

      But I do believe that software is at such a point that the original concept of the Free Software zealots is actually possible. There is little that can be done today with software that actually requires you to shell out money to a software company. There may be exceptions, but they are fewer every year.

      It is in everyone's best interest to simply stay away from Novell/SuSE products. They aren't going to be much better than Microsoft products in a few years anyways so don't waste your time with them.

    9. Re:The writing is on the wall! by Anonymous Coward · · Score: 0

      Sorry, Debian-based distros still have continuous problems with font handling. Defoma REALLY has to go...

  5. Bad move by Novell by ISoldMyLowIdOnEbay · · Score: 4, Interesting

    Agreeing to licence "IP" from Microsoft just gives legitimacy to any claims they are going to pursue against other Linux vendors/developers. It sets a bad precedent, even if those claims are likely to be bogus. It is obvious MS are thinking this way, otherwise why would they pay Novell rather than the other way round?

    Not sure what Novell are thinking of here. Surprised IBM hasn't had something to say...

    1. Re:Bad move by Novell by advocate_one · · Score: 3, Funny
      Not sure what Novell are thinking of here. Surprised IBM hasn't had something to say...

      give them time, they're busy reviving a fresh batch of lawyers from cold storage, then they've got to work out precisely who to let them loose on, Novell and/or Microsoft

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    2. Re:Bad move by Novell by NineNine · · Score: 1

      No, all that's going to happen is MS is going to pay knowledgeable people to look over every line of code, and make sure that it's all clear (something which the other companies should have done long age). It's going to be a HUGE benefit for large companies that are worried about liability. If I were you, I'd relax...breathe... and take off the tin foil hat. The other Linuxes will still exist, but SUSE will just become the new corporate standard.

    3. Re:Bad move by Novell by NineNine · · Score: 1

      Oh, and on SUSE, MS will make sure that Samba and all other pieces that handle interoperability will actually *work*. It'll be a very good thing for everybody (SUSE, MS, Linux users, etc.). Only Red Hat will get squeezed, here. And I'm predicting that Red Hat will be marginalized to a great extent, too, now that Oracle is trying to break free and offer their own support, and of course, anybody with a mixed environment will be using SUSE.

    4. Re:Bad move by Novell by Anonymous Coward · · Score: 0

      Don't be too certain about that. I and I'm sure lots of other people in positions of power to make decisions on software purchases/direction wont touch this with a 10 foot pole.

    5. Re:Bad move by Novell by cp.tar · · Score: 1
      If I were you, I'd relax...breathe... and take off the tin foil hat.

      Yes, you would.
      </attitude>

      They say, however, that Bill Gates is an experienced Go player, and it does show in his business strategy; I'll keep my tinfoil hat on firmly.
      I won't say I know what exactly is wrong here, except for the obvious part that it doesn't look right. Which is enough for me, at least.

      Anyway, I'm not worried about Linux as such: the other distros will still be there. I'm only worried about Red Hat: they are the ones with much to lose. This doesn't touch Gentoo one way or the other, at least as far as I can see.

      --
      Ignore this signature. By order.
    6. Re:Bad move by Novell by Sassinak · · Score: 1

      My response to that, is:

      Fool me once, shame on you. Fool me twice, shame on me.

      MS a history of doing exactly that. Get in close, learn the business, get recognized as a player. And then, use their clout and money to wipe out the rest.

      Granted, it MAY not be their intention, but would you want to willingly put your hand in the allegator's mouth that has a history of snapping other people's off?

      Not me.

      --
      God made the Idiot for practice, and then He made the School Board -- Mark Twain Look for http://Thebar.steelbeachca
    7. Re:Bad move by Novell by CaymanIslandCarpedie · · Score: 1

      Agreeing to licence "IP" from Microsoft just gives legitimacy to any claims they are going to pursue against other Linux vendors/developers.

      I may well be wrong, but I don't remember there being any "licensing" in this deal. MS has specifically said many times that it won't/cannot license any of its IP to ANY Linux distro because of issues with GPL. They are just promising not to sue Novell or its customers for any of its IP found in Linux. Same end result for Novell basically, but very different from a legal/licensing perspective.

      --
      "reality has a well-known liberal bias" - Steven Colbert
    8. Re:Bad move by Novell by Anonymous Coward · · Score: 0

      That means that a possible fight-back strategy that would work would be pointing out that

      Microsoft gives no guarantee

    9. Re:Bad move by Novell by Znork · · Score: 3, Informative

      "Not sure what Novell are thinking of here."

      I doubt Novell were thinking at all. As far as any GPLed code is concerned, the agreement is worse than worthless; if Novell thinks they're distributing GPL code that needs extra rights granted, then they must forward those extra rights to any and all recipients, or they cannot distribute the code at all.

    10. Re:Bad move by Novell by mikesd81 · · Score: 1

      Which isn't really a bad thing. I like Suse, I've been impressed by their products. As long as Microsoft doesn't do any developing of linux (not for, but of) this could be alright. It may even lead to a standard that linux geeks have been hoping for to bring it to the desktop having a universal uniform installation packages and maybe less crap with dependacies.

      --
      That which does not kill me only postpones the inevitable.
    11. Re:Bad move by Novell by jamstar7 · · Score: 3, Insightful
      Agreeing to licence "IP" from Microsoft just gives legitimacy to any claims they are going to pursue against other Linux vendors/developers. It sets a bad precedent, even if those claims are likely to be bogus. It is obvious MS are thinking this way, otherwise why would they pay Novell rather than the other way round?

      TFA says Microsoft ain't about to license any IP that can be GPL'ed. So what is Novell really getting? A promise not to get sued for 5 years. Period.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    12. Re:Bad move by Novell by Znork · · Score: 1

      "I may well be wrong, but I don't remember there being any "licensing" in this deal."

      Oh, that's right, Microsoft is 'frobbing' the IP rights to Novell. Or was it 'blorghing' them?

      Either Microsoft's legal counsel are idiots, or they've been smoking Darl. You can call a license whatever you like, but a license is a license and courts tend to take a dim view of the parties playing them for fools.

    13. Re:Bad move by Novell by und0 · · Score: 1

      Who recall what was said from Redmond when Novell bought SUSE? I've a bad memory, it was something about flying corks and buried once will buried again...

    14. Re:Bad move by Novell by grimwell · · Score: 2, Insightful

      Samba is a seperate project... it is not Novell/SUSE technology. So if MS works with Novell on improving Samba interoperability with Windows, Novell would still be required by the GPL to release the source... which would allow others to benefit from work. One of the requirements of distributing code under the GPL requires that the code be free from patent infrigments.

      Only Novell specific/grown code will be afforded the "convant not to sue" protection, as it probably won't be released under the GPL. Possible examples would be the Mono project being released under a non-GPL license. (is it already?)

      --
      If the govt becomes a lawbreaker, it breeds contempt for law, it invites man to become his own law, it invites anarchy
    15. Re:Bad move by Novell by Dr.+Evil · · Score: 1

      Read the GPL very carefully.

      It does nothing about *usage* rights. There's a brief mention in the preamble, but that's all.

      Software patents cover *usage*.

      This causes a problem though. IMHO, Microsoft must sue the *users*, not the distributors.

      I think the best response would be for IBM to sue Ballmer personally. As a user of Windows, he's no doubt in violation of many of IBM's patents.

    16. Re:Bad move by Novell by savio13 · · Score: 1

      Yes, but they're not passing any new rights with the GPL's code. Every SUSE customer gets the same patent protection....none.

      The "we promise you that MSFT won't sue you" right is being passed along with the support contract, over which the GPL has no say. And it also means that if you want to keep the safety net, you have to renew your subscription yearly (until 2012 when the Novell/MSFT agreement runs out) and then who knows what will happen.

      Sneaky.

    17. Re:Bad move by Novell by kripkenstein · · Score: 1

      Only Novell specific/grown code will be afforded the "convant not to sue" protection, as it probably won't be released under the GPL.

      Novell stated specifically (I believe in the FAQ or related document on their site, but I don't have the time to find it again) that Novell's interoperability code with Windows will be open-sourced, and Microsoft's interoperability code will (naturally) not be open-sourced. So, Novell's code will be open-source, no need to worry about that. However, it will not be under the 'covenant not to sue', that part is true. But as many others have explained already, the lawsuit issue is just FUD anyhow.

    18. Re:Bad move by Novell by kimvette · · Score: 1
      A promise not to get sued for 5 years. Period.


      A false peace. If the period were 7 years, it would be definitive proof that Microsoft is the seat of the antichrist. ;)
      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    19. Re:Bad move by Novell by Anonymous Coward · · Score: 0

      Of course, anybody who uses toilet paper is probably in violation of some IBM patents.

    20. Re:Bad move by Novell by Znork · · Score: 1

      "It does nothing about *usage* rights. There's a brief mention in the preamble, but that's all."

      The implicit intent is clear enough tho. It's a thin line Novell is walking, and in my opinion they're solidly on the wrong side of it. Word games and pretense about verbal commitments not being licenses are of dubious value in a court.

      "This causes a problem though. IMHO, Microsoft must sue the *users*, not the distributors."

      While it isnt impossible, that would have implications far beyond the software industry; if the courts allowed patent suits against end users using their own property in general, you basically couldnt take a shit without risking getting sued for any possible patents covering your toilet. Human society would grind to a halt.

      Serious exploitation of that particular defect in the patent system would be even worse than the trolls and get the law changed faster than you could say 'patent reform'.

      "I think the best response would be for IBM to sue Ballmer personally"

      File a patent for using tranquilizers to lower wear and tear on office inventory, get an injunction against Ballmer and watch him run amok with the chairs...

  6. Dang. by LWATCDR · · Score: 3, Interesting

    I really liked OpenSuse. Oh well I guess Ubuntu isn't a bad choice.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    1. Re:Dang. by Lord+Jester · · Score: 1

      Indeed.

      I have been investigating *Ubuntu as a solution for friends and family for a little bit. I have, since this announcement, decided to go there myself.

    2. Re:Dang. by kimvette · · Score: 1

      Ditto here. I love SuSE. I mean, I REALLY love SuSE.

      Why?

      An hour installing then you're ready to work, right out of the box, with very little tweaking required (unless you need support for bleeding-edge hardware).

      However, Novell just made a deal with Vader, and at first it seemed like a great thing for Novell and Linux, but now Vader seems to be altering the terms of the deal, and I guess we are to pray that he does not alter it further.

      Darth Vader: Novell Linux is the only Linux you can use, and the GPL does not apply to us.
      Novell: You said Linux would be safe and we could continue development under the GPL
      Darth Vader: I am altering the deal. Pray I don't alter it any further.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    3. Re:Dang. by couchslug · · Score: 1

      "An hour installing then you're ready to work, right out of the box, with very little tweaking required (unless you need support for bleeding-edge hardware)."

      That isn't unusual anymore.
      When I do a Kanotix install I can work/surf DURING the installation since it runs from live CD.
      I can use the live CD to determine what I need to do before installing, and as a rescue disk afterwards (though I mostly use that on Windows systems).
      Linux is now (generally) much easier to installl and update than Windows if your hardware is supported.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    4. Re:Dang. by houghi · · Score: 1

      I still like mine. There is plenty of time to see what actualy will happen in the future to decide wether or not I will have something else when I need a new distro. When you download the current openSUSE 10.1, it will still be made as a pre-arrangement OS. Even 10.2, to be released begin december, is deveoped before the deal.

      Jumping ship now is just silly and very panicky.

      --
      Don't fight for your country, if your country does not fight for you.
    5. Re:Dang. by Anonymous Coward · · Score: 0

      Gee, you mean all the people who haven't paid a dime to Novell for their distro are going to stop using it. They must be quaking in their boots over the terrible financial loss.

    6. Re:Dang. by LWATCDR · · Score: 1

      Except my office uses SuSe enterprise editon for our servers and we where going to use it for our new phone system.
      I will probably move one of our test servers to CentOS so I can decide if I want to build all the new servers with RedHat or go for Ubuntu support.
      As go the developers goes the company.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  7. We were right by porkThreeWays · · Score: 1

    It was a trap.

    --
    If an officer ever threatens to taze you, say you have a pacemaker.
  8. Therefore only SUSE by Anonymous Coward · · Score: 0

    I used to use SUSE until I switched to OSX. It was the best at the time (8.x)

    We are a small startup that uses linux on our embedded systems. I guess now it will be SUSE or switch to BSD (maybe even WinCE). I do not want a lawsuit on our hands. This the kind of fear that lots of companies have.

    What about the IP in BSD ? Can microsoft go after the BSD communities ?

    Please don't bash my comments or fears!!

    1. Re:Therefore only SUSE by Pecisk · · Score: 1

      Owner of software patents can go after everyone, BSD included.

      Sorry, there is no way out from this.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    2. Re:Therefore only SUSE by Anonymous Coward · · Score: 2, Insightful

      There is: live in a country without software patents :)

    3. Re:Therefore only SUSE by jimstapleton · · Score: 2, Informative

      It's a tricky business, as the other reply stated, other companies can go after BSD if they find their software in ther, or software that violates their IP.

      That being said, the three main BSDs (Free/Open/Net), unlike many Linux distros, will not include closed source or commercial packages in their distros (although it does not actually violate their license, unlike Linux's)

      I would say SUSE would probably be your lowest risk, but I doubt the BSD risk would be much higher, as the core isn't really taken much from Linux. I can't say as much about the packages though.

      If all the at-risk stuff is closed source, than BSD is pretty safe, BSD will not auto-retrieve any closed source packages, at all. You will be warned by it asking you to manually download parts of the package yourself.

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
    4. Re:Therefore only SUSE by MECC · · Score: 1

      Maybe we should start patenting jokes.

      Here's my application:

      A series of words, phrases, and sentences assembled in a manner such that communication to a participant listener in any form causes a humorous response from a said participant listener.

      'A fly approaches an attractive woman in a bar and says, "Nice Stool".'

      I bet the morloks at the USPTO grant it a patent.

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
    5. Re:Therefore only SUSE by maxwell+demon · · Score: 1

      I'll patent a method of posting on forums with a content stating that the post is not only indeed a post, but is, in addition, the first one. Additional claims will explicitly cover the cases that the post does or does not state the first of which it is, stating the fact indirectly, and stating that fact using incomplete sentences, especially using the words "First Post"; also I'll make sure that posting the statement in the subject is covered as well as posting it in the message body, and that it also coveres posts which contain material besides that statement. Also included will be variations of this where the post does not actually state that it is first post, but does any other statement, but the reader can nevertheless infer somehow that it is a first post (i.e. all "Frists Post", "Frost Post" etc. are covered, too).

      I think that's complex enough to get granted. I'll make sure that the wording is so vague that I can sue everyone who posts the first message in any forum, even when not explicitly saying so, or even anyone who starts a new thread. Ah, and of course anyone who posts to a forum for the first time (which of course means it's his personal first post at the forum).

      A patent licence will probably cost about $100/post. Mass discounts are available.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    6. Re:Therefore only SUSE by Dunbal · · Score: 1

      Maybe we should start patenting jokes.

      Here's my application:


            An electronic, mechanical or biological oscillating device that distorts the medium around it at specific predetermined frequencies which become a series of compressions and rarefactions of this medium that propagate throughout the medium or other mediums as a series of audible, recognizable patterns used to transmit a specific message from this device to a remote receptor.

      --
      Seven puppies were harmed during the making of this post.
    7. Re:Therefore only SUSE by ZachPruckowski · · Score: 1

      The BSDs are completely re-implemented Unix and are (on the kernel and systems level) more a cousin to Linux than a brother, that part is true. But patents don't cover implementations, they cover functionality. For instance, if your system uses a double or triple click, no matter where or how or who wrote the code, it violates a certain patent owned by either MS or Apple. It doesn't matter if the code is open-source or closed source or possibly tainted by someone else's IP, it all still violates the patent. BSD is only safe in the sense that it isn't supported by or sold by large companies like Linux is, and so there may not be a lot of money in going after it.

    8. Re:Therefore only SUSE by jimstapleton · · Score: 1

      Please take the +1 informative from my last post and add it to the poster above me. That is much more informative.

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
  9. SUSE by lpcustom · · Score: 0, Troll

    I'm just glad MS is partnering with a distro I never use anyway. Thanks MS for not currupting a good distro.

    --
    Beer! It's what's for breakfast!
  10. Divide and Defeat by Anonymous Coward · · Score: 0

    If you cannot defeat your enemy outright, then infiltrate the enemy and divide them. This is going to end up worse than anything SCO has done because Microsoft has done it before. They already drew the dividing line - if you use any non-Suse Linux, you're open to the "consequences". This isn't a pro-Suse remark - Microsoft never does anything except to profit Microsoft. They'll use this to tie up Redhat and other distros in court, bring down the ones with a small budget altogether and destroy the larger ones with brute legal force then when they're done, they'll dump Suse like the whore they think she is. The future looks bleak - only Novell's waking up and terminating the relationship will kill this snake-in-the-grass.

  11. Bye Bye Novell by BeBoxer · · Score: 4, Funny

    I think experience shows us what happens to companies foolish enough to partner with Microsoft. Oh well. It's been nice knowing you Novell.

    1. Re:Bye Bye Novell by PinkPanther · · Score: 1
      Uh...I think that Novell has been here a few times before...and they are still around.

      I'm sure that Novell has a bit of a clue as to what they are doing. I'm sure they recognize the flame with which they play...

      I'm not implying that they can't get burned, but I suspect they realize that they can get burned. They obviously see potential benefit here that (they believe) justifies the risks.

      --
      It's a simple matter of complex programming.
    2. Re:Bye Bye Novell by rim3r · · Score: 1

      I have been a long time user of Suse. I must say that since Novell took over, the quality has gone down notably. This recent MS deal is even more disturbing. Does anyone know of a good distro that will allow me to painlessly switch? One that supports windowmaker?

      Cheers

    3. Re:Bye Bye Novell by Anonymous Coward · · Score: 0

      Novell is crazy: they openly state that they willfully and cheerfully send YOUR money to Microsoft. You might be just better off sending that money directly to MS ...if that's your intention.
      Otherwise, I think you might keep a further distance away from Novell...

    4. Re:Bye Bye Novell by Anonymous Coward · · Score: 0

      *Sigh*. And I thought I joined a company where I wouldn't have to worry about MS or closed source. Well, better hurry with that job search...

  12. Wait, I think I've seen this one already. by Kadin2048 · · Score: 5, Interesting

    From T.F. summary: "If they make other choices, they have all of the compliance and intellectual property issues that are associated with that."

    Rarely have I ever seen such perfect examples of FUD. This has it all; it's an unspoken threat, dropped only in order to create feelings of uncertainty in the marketplace.

    I had thought for a while that Microsoft was just ignoring Linux, but now it seems they're opening up a new front, one where they're going to engage in overt psychological warfare in order to discourage adoption of competing products.

    In a sick way, you have to appreciate watching Microsoft work. It's not as though this hasn't happened a dozen times before, just in the IT market, and yet it still always seems to do the trick. At a certain point, you either have to laugh or cry. I haven't decided which way to go yet.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Wait, I think I've seen this one already. by timeOday · · Score: 1
      I had thought for a while that Microsoft was just ignoring Linux, but now it seems they're opening up a new front, one where they're going to engage in overt psychological warfare in order to discourage adoption of competing products.
      My thought was just the opposite - this is a blast from the past. Two or three years ago Microsoft was really trumping this FUD about Linux being legally risky. With the utter failure of the Microsoft-backed SCO lawsuit, I've heard much less of this issue in the past couple years. I guess Ballmer is "staying the course."
    2. Re:Wait, I think I've seen this one already. by Dare+nMc · · Score: 1
      >"If they make other choices, they have all of the compliance and intellectual property issues that are associated with that."

      seams hollow anyway, doesn't the GPL prevent microsoft from picking and choosing venders to pick on?
      IE say micrsoft sues and wins against RedHat, that something in the Linux Kernel violates their copyright. That triggers section 7 in the GPL:

      if a patent license would not permit royalty-free redistribution of the Program by
      all those who receive copies directly or indirectly through you, then
      the only way you could satisfy both it and this License would be to
      refrain entirely from distribution of the Program.


      then novell users, and novell would be automatically in the same hot water as RedHat, and all the other distributors.
      Thus (I think) the only way for MS to comply with this agreement, and with the GPL is to not go after any GPL code distributed by Novell, no mater who else also distibutes it.
    3. Re:Wait, I think I've seen this one already. by gramji · · Score: 1

      i totally agree with you. from the press releases and news articles it seems that MS is ensuring that every popular application such as JBoss, PHP and Ruby runs as well on Windows as it does on Linux. With MS dollars they will ensure all sorts of compatibility/interoperability with other portions of Windows (IIS, IE etc) - which to be blunt is all MS does - ensure compatibility (within strict rules of course). So now Windows will once again become a choice for deployment of stacks - which Linux currently is.

      --
      Open Source and Computer-aided Design (http://ossandcad.blogspot.com)
    4. Re:Wait, I think I've seen this one already. by Anonymous Coward · · Score: 0

      Already downloaded the Fedora Core 6 isos the day after the announcement.

      From the speed of the torrents, and the fact that almost nobody was leeching off me after I started seeding, there are a LOT of people who are doing the same, and a lot of complete copies being shared - so many that you can't give them away. People are pissed off.

      Next weekend, I say goodbye to SuSE/Novell/Microsoft/

    5. Re:Wait, I think I've seen this one already. by mrchaotica · · Score: 0, Flamebait

      From T.F. summary: "If they make other choices, they have all of the compliance and intellectual property issues that are associated with that."

      Rarely have I ever seen such perfect examples of FUD. This has it all; it's an unspoken threat, dropped only in order to create feelings of uncertainty in the marketplace.

      Yeah, doesn't it just make you want to punch Ballmer in the mouth? The very idea of "compliance" being mentioned in the context of Free Software is infuriating!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    6. Re:Wait, I think I've seen this one already. by Anonymous Coward · · Score: 0

      Sick yes, but downright evil. This company really does sink to the lowest of the low.

  13. Damn! So now I have to uninstall SuSE? by Anonymous Coward · · Score: 0

    Argh! I run SuSE everywhere - and now I have to dump it in order to avoid dancing with the devil? Crap!

  14. No need to worry about Microsoft by Anonymous Coward · · Score: 1, Interesting

    If you're a big company with a big patent portfolio then you have no need to worry about being sued by Microsoft for Linux patent infringements, because you can simply sue them back for all your patents that Windows and SQL Server infringe.

    The real worry, is being sued by a company with no remaining important products, and with nothing to lose. They can tie you up in the courts for years, cost you a fortune in discovery costs, and spread muck about your company all over the press. And you'll never recover a penny, because even if you eventually win in court, they will simply be bankrupt and unable to pay.

    So the solution:

    Don't pay Microsoft.

    Do buy a license from the no-product company. If you give them enough money for the license, instead of being a pain to you, they can tie your competitors up in the courts for years (worst case), or damage perhaps even cripple your competitors' Linux business.

  15. Plus: what if they want war? by Mateo_LeFou · · Score: 1

    Red Hat seems to be making an honorable stand. They likely don't have the resources to take on MS solo, but IBM does and I could just about see them joining the fray. Note, IBM didn't have to spend 3 years demolishing SCO.

    Someone go get me some popcorn.

    --
    My turnips listen for the soft cry of your love
    1. Re:Plus: what if they want war? by spun · · Score: 4, Insightful

      IBM also has one of the largest patent portfolios ever assembled. Right now, somewhere in Redmond, a Microsoft programmer is infringing on IBM patents. If MS wants to play rough, IBM will play rough. Here's a couple articles on IBM, open source, and patents:

      http://www-03.ibm.com/press/us/en/pressrelease/191 01.wss
      http://news.com.com/IBM+offers+500+patents+for+ope n-source+use/2100-7344_3-5524680.html

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:Plus: what if they want war? by Coryoth · · Score: 5, Insightful
      Right now, somewhere in Redmond, a Microsoft programmer is infringing on IBM patents. If MS wants to play rough, IBM will play rough.

      Indeed, and that's exactly why MS is never going to actually sue anyone over patents. The aim of the exercise, as far as I can tell, is to make a lot of noise and give the impression that you might sue at any minute. As far as MS is concerned having people beleve you're about to sue is as good as actually sueing in terms of results, an it is a lot safer for them. MS is never going to sue - they might be rathere noisy about it though.
    3. Re:Plus: what if they want war? by spun · · Score: 1

      This is exactly the kind of situation the term "FUD" was invented for. I wonder what the actual impact will be? How many people understand that IBM is on the open source side? How many people know that means that Micosoft will never sue? Here where I work, everyone is getting a kick out of this, as we use only SUSE anyhow.

      Undoubtedly, this will help Novell and SUSE. Non-profit distributions like Debian won't be impacted much. It won't hurt IBMs open source initiatives at all: they have the lawyers to defend themselves and the sales force to make sure their customers know that. It will hurt independent Linux vendors like RedHat and Ubuntu the most.

      Of course, there is still the "Embrace, Extend, Exterminate" strategy. Unfortunately for Microsoft, that doesn't work on Open Source unless you have a real patent threat to keep the riff-raff out of your extensions. With IBM backing Linux, I don't think Microsoft has a credible patent threat and so the E3 strategy won't work and all they are left with is FUD, which can be countered.

      In the end, this seems like more of a stop-loss measure on Microsoft's part. So far, Linux has mostly been eating proprietary Unix's lunch. Now, with a major OS upgrade in the works, Microsoft must be scared that businesses will look at the cost/benefits of upgrading to Vista, then look at the cost/benefits of moving to Linux and decide that Vista isn't worth it. This strategy will allow them to go to existing customers who might be considering Linux over Vista and hopefully scare them into staying with Windows. Even if they don't stay with Windows on the back end, with all this fuzzy wuzzy new interoperability Microsoft can probably convince them not to move to Linux on the desktop, which is likely their real fear.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    4. Re:Plus: what if they want war? by Almost-Retired · · Score: 1

      IBM also has one of the largest patent portfolios ever assembled. Right now, somewhere in Redmond, a Microsoft programmer is infringing on IBM patents. If MS wants to play rough, IBM will play rough. Here's a couple articles on IBM, open source, and patents

      Well, I must say that I fully expected this particular turn of events. But I do have to admire the size of the balls they have in throwing down the gauntlet and showing their true colors so quickly. I figured they'd let it cool and the smell go away for at least a couple months, just to put us off our guard.

      Question is, how many suse developers will be jumping off that bandwagon since IMO its plainly out of control & headed for a deadly crash? They may have been queasy about the suse/novell relationship, but in their shoes I'd positively have a bad case of diarrhea now. Or be scared shitless as the case may be.

      Ladies and gentlemen, we MUST vote today in a manner that sends a message that cannot be miss-understood, we want our country back in the hands of the people, not ruled by corporate interests. Throw the bums out and lets see if new blood can't stem the tide of corporate control of our every facet of living.

      --
      Cheers, Gene

    5. Re:Plus: what if they want war? by Burz · · Score: 2, Insightful

      Non-profit distributions like Debian won't be impacted much.

      Wrong. The deal means that any would-be contributors to Debian having a commercial Linux background are assumed to be litigation targets.

    6. Re:Plus: what if they want war? by Thusi02 · · Score: 1

      This is a very good analysis. I think Red Hat MUST join forces with IBM else they will go under for sure. I mean with the recent events with Oracle and them providing enterprise support for linux, Red Hat is headed towards doom. If they only partner up with the next GIANT a.k.a IBM, then they will surely have a shell under their head. Hmm.. Interesting...Unless Oracle just goes out on a limb and buy's out Red Hat, which is ok as well. I think... Cheers, Thusjanthan Kubendranathan

      --
      For all your coding questions? http://letstalkcoding.com
      For all your development needs! http://simtik.com
    7. Re:Plus: what if they want war? by killjoe · · Score: 1

      MS will sue somebody just not IBM.

      Now we see why IBM didn't settle with SCO and why they are so intent on crushing them despite the cost. MS has blown it's wad with SCO as far as IBM is concerned. They are now immune from any IP threats from IBM.

      Now all MS has are smaller targets like redhat. My prediction is that redhat will be bought out by somebody in the next year maybe even oracle and that will make it even harder for MS.

      So they are back to doing what they do best FUD.

      --
      evil is as evil does
    8. Re:Plus: what if they want war? by Zonnald · · Score: 1

      You do know that IBM is "using" Linux - not backing it?

    9. Re:Plus: what if they want war? by Amiga+Trombone · · Score: 1

      Red Hat seems to be making an honorable stand. They likely don't have the resources to take on MS solo, but IBM does and I could just about see them joining the fray. Note, IBM didn't have to spend 3 years demolishing SCO.

      I don't see IBM joining the fray, and if they did join it, it would more likely be on the side of Novell.

      Remember, SuSE is one of the 2 distros IBM offers support for (the other being RedHat). Considering that IBM now has access to MS tech on their hardware via SuSE, this is a net plus for IBM. And it's not like IBM doesn't have their own alliances with MS.

      Remember, IBM makes their Linux money a.) selling hardware to run Linux on, and b.) software to run on Linux. Since they don't make any money from Linux itself, it's hard to see where they'd have a dog in this fight.

    10. Re:Plus: what if they want war? by spun · · Score: 1

      Really, so all the patents they released mean nothing? I'm no IBM brown noser, but they have acted in good faith towards the community for the last 6-7 years. Plus, the enemy of my enemy is my friend and all...

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    11. Re:Plus: what if they want war? by Anonymous Coward · · Score: 0

      IBM has also sunk over 20 billion dollars into various sections of Linux development. Somehow, I serously doubt they're about to sit by and let Microsoft try to trash it; Microsoft already did this to IBM once.

  16. Limitations... *sigh* by rcw-work · · Score: 3, Funny

    If they make other choices, they have all of the compliance and intellectual property issues that are associated with that.

    Dear Microsoft,

    How will my baby mulching machine be able to legally interoperate with your software?

    This is very important to me and my colleagues, and I would appreciate it if you would address our concerns.

    1. Re:Limitations... *sigh* by joe+155 · · Score: 1

      It does feel a tad like M$ is going
      "Nice distro... shame if something were to happen to it!"

      They are obviously just being pretty petty over this, and I suppose that this could be harmful if they used it as a way of avoiding anti-trust rules, other than that I'm happy with my distro (fedora core 6) as it is without having to compromise with MS over my freedom - even, as with OpenBSD, I want to use it in a baby mulching machine (although that might be illegal for other reasons...)

      --
      *''I can't believe it's not a hyperlink.''
    2. Re:Limitations... *sigh* by Anonymous Coward · · Score: 0

      And what's wrong with building a Baby Mulching Machine?"
      You just can't put human (and most other) Babies in it.
      Kinda like a hand gun. Fun to have and play with; but
      not fun if you relly need it.

    3. Re:Limitations... *sigh* by Anonymous Coward · · Score: 0

      Everyone knows whats left now right? Google is going to buy ubuntu.

  17. why by thejrwr · · Score: 1

    I still dont understand why microsoft would be helping novell

    1. Re:why by katz · · Score: 1

      You see, I bought the Red Car so I could dismantle it...

      - Roey

  18. I have a question... by Anonymous Coward · · Score: 0

    Will it run under Linux?

  19. Yeah, whatever by pjf(at)gna.org · · Score: 1

    Microsoft? Who'll need them in 2 years, anyway?

    --
    echo "getuid(){return 0;}" > e.c; gcc -shared -o e.so e.c; LD_PRELOAD=./e.so sh
    1. Re:Yeah, whatever by tehcyder · · Score: 1
      Microsoft? Who'll need them in 2 years, anyway?
      Oh come on, even if they never sold another piece of software or hardware again, MS and their cashpile aren't just going to evaporate within 2 years. Be realistic.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
  20. Not Your Grampa's Xenix by Doc+Ruby · · Score: 5, Interesting

    Microsoft has all kinds of SW patents in its portfolio. MS will sue all the other distros than Novell's for patent infringement, driving everyone to SuSE. Then it will pull the plug on Novell, exactly the way it did on NetWare, when MS folded all NetWare's features into Windows NT.

    The only defense is RedHat and IBM, and possibly other corps with money to fight MS attacking their Linux distros their future OS strategies all depend upon. Maybe Oracle is bought in to Linux enough that it too will defend a Linux version. RedHat is new and bubbly enough that I'm not surprised they're vulnerable to this attack, and maybe Oracle could tell that, too. But IBM should have known that its defense from SCO, which was a defense against Microsoft's proxy, was too close an alliance with Novell. I'm surprised IBM didn't protect themselves from this Microsoft attack through Novell. But then, MS has always made all its biggest victories by attacking IBM's blind spots.

    The other defense is anarchy. Tens of thousands of Linux developers, and tens of millions of users, all across the world, just ignoring MS patent attacks on their distros. If that works, it could also undermine the very patent weapon Microsoft and others wield to destroy SW progress. If they bit off more than they can chew, MS could very well be doing us all a big favor, by destroying itself and patent regime in which it makes its crooked living.

    --

    --
    make install -not war

    1. Re:Not Your Grampa's Xenix by Anonymous Coward · · Score: 0

      WTF is this thing with the patents. A common distribution includes software from 10000 people around the world. Since when is the distribution responsible for what OSS people do and why do they care?

      ?

      This has two goals:
      1) A lame excuse for the partnership.
      2) By making a pseudo patent aliance, Novell declares that it supports software patents. Which is what the lobby wants.

      Two birds with one shot.

    2. Re:Not Your Grampa's Xenix by Daniel+Phillips · · Score: 1

      MS will sue all the other distros than Novell's for patent infringement, driving everyone to SuSE.

      In their dreams. A mass exodus from Suse starting now is the far more likely result. Too bad about Suse, to get bought by the proverbial nest of pointy hair bosses. Too bad about Novell, they nearly got it but now have signed their own death warrant.

      The only defense is RedHat and IBM... The other defense is anarchy.

      And on the third hand? Be careful to avoid the logical fallacy of bifurcation.

      --
      Have you got your LWN subscription yet?
    3. Re:Not Your Grampa's Xenix by IANAAC · · Score: 1
      A mass exodus from Suse starting now is the far more likely result.

      Maybe, maybe not.

      I am a fairly typical SUSE user, having starting with it back in the 7.x days while I was still in IT. It was a natural migration from RedHat when they announced their support model change.

      I also use Ubuntu on a regular basis. I have one machine that has SUSE 10.1 and another with Ubuntu 6.06 (I tried 6.10, didn't like it due to problems that were pretty much non-existent in 6.06).

      A far more likely scenario (at least in corporate settings) is going to be that they stick with Novell, since it works for their needs. People are going to wait and see what happens before they jump ship, not just blindly switch based on a press conference.

      That's the way businesses work, at least if they don't want constant interruptions.

    4. Re:Not Your Grampa's Xenix by kabocox · · Score: 1

      The other defense is anarchy. Tens of thousands of Linux developers, and tens of millions of users, all across the world, just ignoring MS patent attacks on their distros. If that works, it could also undermine the very patent weapon Microsoft and others wield to destroy SW progress. If they bit off more than they can chew, MS could very well be doing us all a big favor, by destroying itself and patent regime in which it makes its crooked living.

      Isn't that the mental set that most have downloading mp3s hoping the RIAA will just ignore them? I'll admit for the most part its worked fine for the masses. I wonder on that percentage though that have gotten legal letters from a RIAA and been sued? MS or others with patents or copyrights could end up doing the same sort of thing with the BSA.

    5. Re:Not Your Grampa's Xenix by radtea · · Score: 1

      Microsoft has all kinds of SW patents in its portfolio. MS will sue all the other distros than Novell's for patent infringement, driving everyone to SuSE.

      The third defense is the GPL v3, which is looking kinda prescient right now.

      On the other hand, it would be fun to fork the suse distro, which is certainly permitted under GPL v2, and wait for MS to go after it. If they do, Novell is guilty of a simple and straightforward GPL v2 violation, and suse becomes a dead letter.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    6. Re:Not Your Grampa's Xenix by Doc+Ruby · · Score: 1

      I think there will also be an exodus from SuSE, while also a migration to it, by different kinds of people. That's one kind of "two-tier Linux market".

      Actually, my sloppiness was more semantic than logical. RedHat and IBM represent a defense, while anarchy is the wildcard is really something else.

      This move by MS and Novell will really add a lot of energy to developments in Linux. The shakeup will probably benefit MS at least in the short term, but probably make Linux a lot stronger after that, by selecting for the stronger distro models.

      --

      --
      make install -not war

    7. Re:Not Your Grampa's Xenix by Anonymous Coward · · Score: 0

      Microsoft has all kinds of SW patents in its portfolio. MS will sue all the other distros than Novell's for patent infringement, driving everyone to SuSE.

      I think you forgot to consider what would be revealed if Microsoft was to sue. They would have to prove that they own the patent and that it is in Liunx. But more important it will be known what patents they have (or think they have), that gives Linux time to rip out those pieces and replace them.
      To be frank I doubt there is anything for Microsoft to come after in Linux, it is much more likely that it is software for Linux, say Mono, that they have a claim in. And if it is software, now is the time to move it off the distro.

      The other defense is anarchy.

      Indeed, but that could/would put Linux and its software into a "napster" state, where only "pirates" use it. It would effectly destroy any goodwill Linux have.
      Secondly, no company would be able to use anything but SuSe Linux ... or Microsoft Windows (there is of course still BSD and Mac OS, to name some).

    8. Re:Not Your Grampa's Xenix by Doc+Ruby · · Score: 1

      The patents are public. The need to disclose which they are does not diminish their power. The time it takes to replace any patented tech, especially as MS fires patent attacks for years, will stall Linux (if the plan works). While MS rolls out Vista, and "catches up". The biggest battle is for MS to get back the momentum in growth of the respective developer communities, which has always been the main MS job, short of commercial monopoly abuse.

      What remains to be seen is whether Linux is open enough, with workable enough development architecture, to mutate quickly in face of any MS patent threat. Which is possibly the most valuable role for IBM and maybe Oracle. Their patents could offer replacements or just defenses for Linux. While offering demand for those other Linux stakeholders to open their patent portfolio for free use by Linux programmers.

      --

      --
      make install -not war

  21. oh pleeze by xoyoboxoyobo · · Score: 2, Informative

    this is exactly the kind of thing that makes people call it micro$oft. just like during the DNC our startup company was frozen out of a contract because microsoft came in and "donated" hardware with the stipulation that only companies that were m$ certified and did not use linux technology could get contracts. i am sure that the open source community sees it for the load of crap it is - i only hope that the corporate world does as well.

    1. Re:oh pleeze by Trelane · · Score: 1

      any links you could provide for verification?

      --

      --
      Given enough personal experience, all stereotypes are shallow.
    2. Re:oh pleeze by xoyoboxoyobo · · Score: 2, Interesting

      Sorry, don't have any links. This was for the DNC in Boston, we had an agreed verbal contract with the coordinator. Then it went south when he told us that microsoft had donated a bunch of hardware but then required that all businesses that the DNC deal with had to be microsoft compliant. since we were not, we lost the business. IIRC that was 3 million dollars allocated to local businesses to run the DNC. I'm doubly embittered because that was a make or break moment for the company. As it stands, it broke, I got broke, and I spend most of my time writing technical docs now. Scratch that. I'm triply embittered.

  22. FUD by Stalyn · · Score: 4, Informative

    As much as I like to bash Microsoft, this whole "Microsoft is the next SCO" is bullshit. The only possible patent infringement going on is in the Microsoft compatibility stack of Mono. This is seperate from the Mono CLI and compiler which is under the Ecma. And also different than the Linux stack which includes Gtk#.

    Microsoft is basically saying "If you want to run your ASP.NET app with open source software then Novell is your only choice". Microsoft is not saying "Novell Linux is the only safe Linux distro from Microsoft lawsuits" because Linux is inherently safe as long as you don't run Microsoft's crappy .NET software on it.

    --
    The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    1. Re:FUD by oh_my_080980980 · · Score: 2, Insightful

      "Microsoft is not saying "Novell Linux is the only safe Linux distro from Microsoft lawsuits"

      Hey ass-wipe, that's EXACTLY what Microsoft is saying! Read the freaking press releases. Microsoft is stating if you want to be safe from patent infringement use Suse. They did not single out mono. In fact several .NET books use Mono as an example of .NET's cross-platform compatiblity.

      Moron.

    2. Re:FUD by hey! · · Score: 2, Insightful

      FUD, it may be. But its source isn't Slashdot. Mr. Ballmer, it seems to me, is doing a reasonable Don Corleone impression here. In effect he's saying, "Nice little operating system you got here; it would be a shame if anything happened to it."

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    3. Re:FUD by Stalyn · · Score: 3, Interesting

      Mr. Ballmer is talking specifically to shareholders who think this Novell deal is going to lead to Microsoft releasing portions of their intellectual property to OSS. Which means to the average MS shareholder, "Oh I better sell my stocks".

      Of course to the average Slashdotter, who doesn't RTFA or does any research, this means Microsoft is going to start suing other Linux companies that aren't blessed by Microsoft. But again how can Microsoft sue over patents when they don't own any in regards to the Linux kernel or Linux development stack. Even Wine is safe from Microsoft. It's just some portions of Mono which deal with .NET and Windows.Forms. Perhaps some other technologies as well that have to do with Microsoft Office.

      And honestly trusting press releases for good information is a waste of time. Doesn't Bush send out PR every day saying how good things are going in Iraq?

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    4. Re:FUD by hey! · · Score: 2, Insightful

      To be sure. But this particularly stood out to me: "And if people want to have peace and interoperability, they'll look at Novell's SUSE Linux."

      How can that be interpreted as other than a threat?

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    5. Re:FUD by Stalyn · · Score: 1

      First off press releases are not a good source for information. It's basically an advert for the company. I read the specific PR regarding patents and it doesn't say what you claim. But it does say they will not pursue lawsuits over intellectual property they own in Novell's products. So my question for you is what intellectual property does Microsoft own in Novell products other than certain parts of Mono? And cite sources please.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    6. Re:FUD by _Sprocket_ · · Score: 2, Insightful

      As much as I like to bash Microsoft, this whole "Microsoft is the next SCO" is bullshit.

      ...


      Microsoft is basically saying "If you want to run your ASP.NET app with open source software then Novell is your only choice". Microsoft is not saying "Novell Linux is the only safe Linux distro from Microsoft lawsuits" because Linux is inherently safe as long as you don't run Microsoft's crappy .NET software on it.



      I missed the quote that actually mentions ASP.NET. What I do see is Steve Ballmer saying:


      "This does not apply to any forms of Linux other than Novell's SUSE Linux. And if people want to have peace and interoperability, they'll look at Novell's SUSE Linux. If they make other choices, they have all of the compliance and intellectual property issues that are associated with that."


      And that sounds far more like the ficticious second quote you're discounting.
    7. Re:FUD by Anonymous Coward · · Score: 0

      As much as I like to bash Microsoft, this whole "Microsoft is the next SCO" is bullshit. The only possible patent infringement going on is in the Microsoft compatibility stack of Mono.

      Sounds like you have been mentally absent from the software patent wars.

      In 2003 Microsoft hired Marshall Phelps from IBM who was the guy who turned IBM's patent portfolio into a huge revenue source.
      In 2005 alone, Microsoft filed for over 3400 patents.

      With that kind of aggressive approach to software patents, no one, except perhaps a theoretical linux-SWAT team at MS,
      knows just what Ballmer may pull out of his ass to screw with linux in the future.

    8. Re:FUD by Stalyn · · Score: 1

      The Linux development stack and the Microsoft development stack are so far apart I doubt there is very little shared code amongst them. Unless MS was filing patents for linked lists and quicksort I doubt there will be any problems. But the burden of proof is not on me. If anyone can find patents that Microsoft owns that apply to Linux I'll reconsider my argument.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    9. Re:FUD by Stalyn · · Score: 1

      s/very little/any

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    10. Re:FUD by _Sprocket_ · · Score: 1
      Of course to the average Slashdotter, who doesn't RTFA or does any research, this means Microsoft is going to start suing other Linux companies that aren't blessed by Microsoft. But again how can Microsoft sue over patents when they don't own any in regards to the Linux kernel or Linux development stack. Even Wine is safe from Microsoft. It's just some portions of Mono which deal with .NET and Windows.Forms. Perhaps some other technologies as well that have to do with Microsoft Office.


      I doubt your "average Slashdotter" really expects a lawsuit from Microsoft any time soon. But your typical risk-adverse Enterprise IT guy isn't going to be getting warm fuzzies over the possibility... the hint... that Microsoft might be suing their Linux vendor some time in the future. And that's the intent of FUD.

      Oh... sure... maybe Ballmer is just misunderstood. Maybe he's just not good at making clear statements. Of course, he's been really rather bad at it for years. This is not the first time Ballmer has made vague threats. I'm inclined to believe he's a sharp guy who knows exactly what he's saying.
    11. Re:FUD by Stalyn · · Score: 1

      Yes, exactly, the point is to scare people into the arms of Novell Linux. And I'm saying it's FUD and bullshit while Slashdot is actually buying into it.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    12. Re:FUD by randallS · · Score: 1

      Actaully, as a risk-adverse Enterprise IT guy who typically implements solutions for large corporations who contain a lot of risk-adverse lawyer types, my concern is not that microsoft may choose to sue Linux vendor X, because there is always Linux vendor Y we could switch to without too much trouble, but rather my concern is that microsoft may choose to sue the company I just convinced to implement an important IT solution on linux, and the concern of the laywers who are worried about microsoft coming in at a later time and sueing them (for IP liscencing of things in linux, potentially introduced their by Novell which microsoft is claiming my company does not have a liscence for), and for me, the real concern is having to deal with said lawyers telling me that they aren't comfortable using linux because of such conerns, or telling me that "only Suse is legal to use", becasue they intrepret (and accept) Miscrosofts statements at face value.

    13. Re:FUD by thrashaholic · · Score: 1

      They don't own any parts of Mono as I understand it. What they could claim is "Hey these guys have an API that mirrors ours" and that's about it. It's not like any code in Mono's compiler or libraries is MS code, just the class/function names, etc..

      You have to learn how to seperate the languages and compiler (completely FOSS) from the framework (a little iffy).

      --
      militant gun owning 'liberal'
    14. Re:FUD by Anonymous Coward · · Score: 0
      Doesn't Bush send out PR every day saying how good things are going in Iraq?
      yeah ... I guess he'd say how good things are going in Iraq.
    15. Re:FUD by Daniel+Phillips · · Score: 1

      As much as I like to bash Microsoft, this whole "Microsoft is the next SCO" is bullshit.

      You are right, because nobody said that. What many have said is: "Novell is the new SCO".

      --
      Have you got your LWN subscription yet?
    16. Re:FUD by RedHat+Rocky · · Score: 1

      Mod Up!!

      Original Poster, you do realize Microsoft funded the SCO antics? Or is your head still in the sand?

      --
      Anything is possible given time and money.
    17. Re:FUD by kimvette · · Score: 1

      How the HELL can Microsoft do that, since they touted .Net as an open standard to begin with (ESPECIALLY in thecase of C#)? They can hardly reneg on that at this point.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    18. Re:FUD by eklitzke · · Score: 1

      The issue would be specifically with the Windows compatibility layer (i.e. ASP.net, Windows.Forms, etc.), not in C# or even .NET. For more information about this issue, see the Mono Licensing FAQ.

      --
      #include ".signature"
    19. Re:FUD by Anonymous Coward · · Score: 0

      Lol, just what is the definition of a "development stack?"

      MS is filing patents on things like filesystem journaling, zero-copy interfaces to tcp off-load engines and even good ole FAT. There is a heck of a lot of stuff in a modern OS that is more complex than "linked lists and quicksort."

      Remember, a patent does not need to be a good one, it just needs to be approved - fighting stupid patents is something only the big boys can afford and it is still the little guys who are responsible for a lot of the bleeding edge ideas that go into linux.

      While "the burden of proof" is not on you, the burden of informed discussion is on you, waving your hands dismissively and using meaningless technobabble terms doesn't do your point much good.

    20. Re:FUD by juhaz · · Score: 1

      The only possible patent infringement going on is in the Microsoft compatibility stack of Mono.

      Do you have ANY idea about the size and scope of Microsofts patent portfolio before making a claim like that? They probably have a patent on Hello World, and on Kitchen Sink, and pretty much everything in between. Mono is one thing that is absolutely certain to violate MS patents, there are thousands of other things that are VERY likely to infringe on countless of them.

      This is seperate from the Mono CLI and compiler which is under the Ecma. And also different than the Linux stack which includes Gtk#.

      Contrary to what the handwavers would like you to believe, being "under the Ecma" does not guarantee any kind of unlimited use of the patents in question.
      ECMA requires only that they are available under "reasonable and non-discriminatory" terms - that's from business perspective, what's reasonable and non discriminatory for a corporation, is still most decidedly unreasonable and discriminating against the GPL.

  23. An interesting quote by lucychili · · Score: 5, Interesting

    [A]n indiscriminate creation of exclusive privileges tends rather to obstruct
    than to stimulate invention. It creates a class of speculative schemers who
    make it their business to watch the advancing wave of improvement, and
    gather its foam in the form of patented monopolies, which enable them to
    lay a heavy tax upon the industry of the country, without contributing
    anything to the real advancement of the arts. It embarrasses the honest
    pursuit of business with fears and apprehensions of concealed liens and
    unknown liabilities to lawsuits and vexatious accountings for profits made
    in good faith. Atlantic Works v. Brady, 107 U.S. 192, 200 (1882) (Bradley, J.).

  24. Here's the obligatory by jlebrech · · Score: 0

    "I have a bad feeling about this!"

    1. Re:Here's the obligatory by ronanbear · · Score: 1

      I sense a disturbance in the source

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
  25. Ballmer is a control freak by quiberon2 · · Score: 1
    Ballmer is a control freak.

    However, he does not control all the developers in the world; business software existed before Microsoft was incorporated; and businesses have a legitimate requirement to go about their business with or without him.

    If he won't interoperate, we'll move along without him.

  26. Violating GPL by pavera · · Score: 5, Informative

    This statement clearly violates paragraph 7 of the GPL. Novell is no longer able to legally distribute linux because they cannot give royalty free copies to everyone.

    1. Re:Violating GPL by AceJohnny · · Score: 1

      You're trying to out-lawyer Microsoft? C'mon! They're the guys who weaseled their way out of every anti-trust lawsuit they've been in!

      No, I guess they aren't foolish enough to try and take the GPL head-on (anymore).

      Instead, I can clearly see them doing something like "hey, buy this perfect SUSE-exclusive CIFS suite, why use that broken Samba thing when you can have this? Oh, besides, we're suing Samba for {patent,IP} infrigement, you don't want to be on the List, do you?"

      Rinse and repeat for every Microsoft-compatible open-source Linux product.

      --
      Misleading titles? Inflammatory blurbs? Keep in mind that Slashdot is a tabloid.
    2. Re:Violating GPL by gstoddart · · Score: 1
      This statement clearly violates paragraph 7 of the GPL. Novell is no longer able to legally distribute linux because they cannot give royalty free copies to everyone.

      Well, technically, no.

      Oddly enough, Novell is NOT paying Microsoft royalties. Novell accepted money from Microsoft so that they would accept indemnity from Microsoft for they and their customers.

      Basically, it's protection money in reverse. "We will pay you, so that you accept a get-out-of-litigation free card." This has the result of saying anyone else who hasn't been bribed my Microsoft is likely to be infringing on MS's IP, and therefore likely to be sued.

      Novell, by accepting this, has become Microsoft's justification to say everyone else is running unlicenced code (ie code which infringes), but that they couldn't possibly license their IP to Linux due to the GPL. So, Novell is now the poster company for how everyone else is breaking the law. Microsoft essentially bought themselves a precedent/basis for a case.

      Scary, isn't it?

      Cheers
      --
      Lost at C:>. Found at C.
    3. Re:Violating GPL by ronanbear · · Score: 2, Interesting

      Or more specifically Novell will stay out of any patent based legal attack by Microsoft on another distro/application developer because they're indemnified.

      Novell own a lot of IP such as original UNIX copyrights. Microsoft suing over Linux patent violation might have been a problem if it broke the agreement Novell and Microsoft came to after the previous round of litigation. Going after someone who's already got money off you for antitrust violations might not be a risk they're willing to take.

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
    4. Re:Violating GPL by ComputerSlicer23 · · Score: 1

      Maybe, maybe not... Depending on how the licensing agreement is structured, they could do something similar to RedHat's support agreement where the agreement is completely separate. They could give you indemnity insurance along with your copy of suse. So they would still be in the same kind of trouble that everyone else is, and you get the same rights, but you can't pass long the indemnity insurance freely. But if they don't arrange it properly, they would be in violation. Kirby

    5. Re:Violating GPL by Orion+Blastar · · Score: 1

      That didn't stop Linspire and Xandros who both compete with Novel SuSe and try to bring Windows like functionality to Linux for a fee.

      It will be a mixed source, the GPL code will be given away royalty free, but the MS licensed code will most likely be not given away. OpenSuSe won't have MS Licensed code, but SuSe Professional will, which is sold anyway. Parts of SuSe Professional source code that are not licensed from Microsoft can be freely distributed.

      When corporations look for a Linux to work with their Windows servers and workstations, SuSe Professional might fill that need now. They wouldn't mind paying $49.99 for a Linux OS, when Microsoft Windows costs more than that per license. Novel might even get Compaq, Dell, Gateway, and other OEMs to pre-install SuSe Professional Linux for corporations that want a Linux box.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    6. Re:Violating GPL by pavera · · Score: 1

      Right, what you state is clearly a violation of the GPL. If they attack Samba for patents and win, then the samba team will no longer be able to distribute their code. Samba will cease to exist. If after that Novell still includes Samba under this "we have a licensing deal from MS" then every contributor to samba can now sue novell for violating the license that they released their code under (namely the GPL). You cannot coopt someone's code that is released under the GPL this way, that is what the patent clause says.

      If MS attacks any open source project and wins and novell continues to distribute the GPL'd code based on this agreement then the creators of that code have been handed a suit against novell for license infringement.

      Basically if MS attacks any open source project that Suse distributes, then Novell is screwed, either their product degrades as MS litigates OSS projects into non-existence or Novell illegally distributes GPLd code. Now, MS probably couldn't care less what happens to Novell, so they will litigate and Novell's product will get crappy, and eventually they will die. Novell handed the keys to their castle to Microsoft with this deal.

    7. Re:Violating GPL by Anonymous Coward · · Score: 0
      I stumbled upon this little thing on rms blog:
      After that speech, someone asked an interesting question: What if party A makes a machine that will only execute binaries released and signed by party B? Would this escape from our anti-tivoization requirements? I had to study the question afterward, and the answer seems to be that major companies would not try such a thing without having a contract between them, and that contract would make the joint activity a clear violation of the GPL.
      If you look at Vista with its signed drivers et al you can see the strategic significance of this. Also if you looked at the press releases carefully you would have seen the "virtualization" mantra and the little hidden "IP tunnel" bit they kept spouting. It's not hard to imagine every binary having to be signed by Microsoft to inter-operate with Vista. Have fun running your modified software.
    8. Re:Violating GPL by pavera · · Score: 1

      I don't care about selling linux (I sell linux. redhat, linspire, xandros, sun all sell linux that is fine)
      The GPL violation is in the fact that supposedly Novell can distribute linux that violates MS's patents, while no one else can.

      If there are patent violations in Linux and MS successfully enforces them against some people (say RedHat) well then that project (say its Samba) would either have to modify itself to not violate the patent or cease to be distributed. If Novell continues to distribute the "patented" project then they are violating the GPL. The developers who made the "patented" product do not allow it to be distributed unless it is freely redistributable.

      Novell then has 2 choices distribute and violate the GPL or stop distributing and lose product functionality.

      In any event the agreement provides little if any "protection" from IP litigation by microsoft. The end result is if MS sues OSS projects they will either have to be modified globally or cease to be distributed. The Novell agreement doesn't provide any value whatsoever to novell's customers.

    9. Re:Violating GPL by Anonymous Coward · · Score: 0

      I sell Suse. and i will tell you this - Novell has NEVER had a policy of delivering free CD/DVD's of Suse to anyone; not even customers who have purchased a subscription.

      Does this violate the GPL? No, the software and source is free to download; and that's not going to change with this agreement. Are any of the Open source projects going to use M$ code? no, I can't see that happening.

      What i see here is an act of extortion where M$ leaches money out of Novell till it's good and dead; over the idea that similar implementations = copyright infringment.

    10. Re:Violating GPL by compm375 · · Score: 1

      I don't understand how this can work. GPL-licensed software cannot be encumbered by patents. If the software cannot be redistributed (say, by other vendors) because it is violating patents, wouldn't that mean it can't be GPL?

    11. Re:Violating GPL by MikeBabcock · · Score: 0

      No offence, but you're an idiot.

      Where exactly in this agreement do you see Novell saying that they're going to be unable to give royalty-free versions to anyone?

      Novell and Microsoft haven't entered into any licensing arrangements here and Novell isn't doing anything strange at all.

      These types of agreements are glossed over in the news when its IBM and Novell or Nokia and RedHat (hypothetically), but this is only interesting because its the "evil empire" of Microsoft.

      Do I like the idea of working with Microsoft? Not really. Do I think its really cool that Microsoft wants to try and play buddy-buddy with its old competitor Novell? Yes. Think about the long-term repercussions from a business perspective for a few minutes and stop reading into the agreement things that aren't there.

      --
      - Michael T. Babcock (Yes, I blog)
    12. Re:Violating GPL by pavera · · Score: 1

      Did you read the article? It is an open threat. MS is going to sue Open Source companies and contributors. Their cover for the anti-trust lawsuits that will obviously follow is that "Look, you can still use linux you just have to use Suse linux cause its legal".

      It states clearly that Novell is not allowed to distribute anything that this agreement covers under the GPL. If MS sues RedHat for patent infringment and wins, say its a patent that samba violates... Well Redhat has 2 choices, help samba redesign so it doesn't infringe or stop distributing Samba. Well if samba is shown to violate a patent and can no longer be distributed, Novell will not be able to distribute samba either (regardless of this deal with MS). If Novell tries to say "We have the only usable linux because we can still use samba" then every contributor to Samba has a lawsuit against novell for license infringement. You cannot distribute GPLd code that cannot be redistributed. If novell tries to distribute it after MS wins a lawsuit against OSS then they are breaking the GPL.

      The only reason for this agreement is supposedly to say "Look Novell's Suse linux is protected and if MS sues you can still use the whole linux software stack with Novell". Well that is patently false. If MS sues an OSS project and wins, Novell will lose distribution rights as well, not because of the patent, but because it will become illegal to distribute that software via the GPL.

      We aren't talking about code MS contributes, we are talking about code the OSS community developed which violates MS patents, and for which MS is going to start filing suit.

    13. Re:Violating GPL by MikeBabcock · · Score: 1

      Re-read your own comment above; it has nothing to do with Novell. It has nothing to do with this agreement. Your complaints are about Microsoft alone.

      What Novell has agreed to in no way puts them in a worse position vis-a-vis the GPL unless they make stupid decisions in the future (ditto for all other GPL software distributing companies).

      Novell may or may not do something idiotic in the future if and when Microsoft sues someone for infringement, but that hasn't happened yet and won't necessarily ever happen.

      --
      - Michael T. Babcock (Yes, I blog)
    14. Re:Violating GPL by DRJlaw · · Score: 1

      Please specify the exact portion of paragraph 7 that you believe is being violated.

      If you are arguing that Novell has licensed IP that covers a GPLed element of a Linux distribution, and cannot redistribute that code because it cannot sublicense that right to others (besides its customers), then you have conceded that Linux embodies infringing IP and that the community is obligated to remove that IP before the community may redistribute the code. Paragraph 7, contrary to the opinions of many, does not permit you to "wait" until IP such as a patent is "validated" in a court against a distributor defendant.

      If you are arguing that Novell/SuSE itself has contributed code that is covered by IP and GPL paragraph 2(b), and further failed to cause its contribution "to be licensed as a whole at no charge to all third parties," then I invite you to identify that code and IP. Of course, since not Novell but Microsoft owns the IP allegedly covering the code, the community is obligated to remove that IP before the community may redistribute the code. Novell has no power to bind Microsoft to an implied license under paragraph 2(b).

      If you are arguing that Novell is redistributing code that it did not itself contribute that is covered by IP, then I invite you to read paragraphs 1, 2, and 3 in detail. Paragraphs 1 and 3 make it clear that the redistributor is not licensing anything by mere redistribution, and merely obligated to provide source, attributions, and the GPL license to a receiving party. Paragraph 2 makes it still more clear that "to be licensed as a whole at no charge to all third parties" only applies if you yourself make a contribution and "distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions..."

      So long as Novell does not bind its customers to "additional obligations," Novell has satisfied the GPL. It does not matter that Microsoft retains the alleged right to sue those other than Novell/SuSE and its customers because that is a power that it, like others, has been granted under the law, and not a restriction imposed through a modification of the GPL. There is no language other than that in paragraph 2(b) that requires anyone distributing a GPLed program to convery rights that they have obtained to others, merely language that prevents those distributing a GPLed program from restricting the rights of others by purporting to modify the GPL through additional or deleted terms.

    15. Re:Violating GPL by pavera · · Score: 1

      you don't know what you're talking about. This agreement covers patents not copyright. The agreement says "MS will not sue Novell and its customers for patent infringements in linux, Novell will not sue MS and its customers for patent infringements in windows, everyone else is fair game". This means MS is planning on suing other OSS companies and contributors. This agreement is designed to cover MS's butt when the antitrust lawsuits come saying "You can't sue linux its your only competitor". MS can say "You can still use Linux you just have to use Suse Linux because they have a license to these patents".

      Well so example, MS sues RedHat for a patent they have which Samba violates. Redhat loses the suit or can't afford to fight it. RedHat must either stop distributing samba or help the samba team redesign the software so it doesn't infringe. They choose option A because they decide the patent can't be engineered around. Now Samba cannot be distributed under the GPL (because you can't put software under the GPL which infringes a patent that cannot be freely distributed).

      The theory of this agreement is as follows:
      For MS it gives them the ability to pursue all OSS software under the cover of "you can still get the software, you just have to use Suse".
      For Novell it gives them the marketing edge of being able to say "Look we licensed this stuff from MS, you can still use all the OSS software from us".

      The theory breaks in practice though, as soon as MS sues someone, Novell will lose the right to distribute the OSS software. They cannot say "We can still distribute Samba because of our agreement with MS" if they do, they violate the GPL and every samba developer can sue them.

      So this agreement is completely useless to users of linux, if MS sues they can destroy OSS and Novell. They can even point to this agreement and say "Novell didn't explain this to us well enough, we tried in good faith to provide a way for OSS and Linux to keep going, but it can't because of the license that they decided to use, its not our fault, but they can't infringe on our patents, if they'd chosen a different license maybe we could have worked something out but this license leaves us no choice but to shut it down". Any court in the land is going to side with that argument, they will say MS tried to help their competition, but the competition didn't want the help so now they have to be shut down because they are violating MS patents.

    16. Re:Violating GPL by pavera · · Score: 1

      I guess what I'm trying to say is this agreement doesn't do anything to protect anyone from MS lawsuits. If MS sues, the GPL'd software they attack will become unavailable, the only way it won't is if Novell violates the GPL and continues to distribute. If MS never sues, again this agreement is pointless. The only time this agreement could have any effect would be if MS sues, so obviously it makes sense to look at the possible outcomes when/if that happens. You don't enter into agreements and spend millions in contract negotiations if you aren't expecting to utilize those agreements in some way. The way this agreement gets used is by MS suing OSS developers, projects, and companies.

      The only possible "protection" this agreement provides is that supposedly if MS sues Novell can still distribute the software, unfortunately that isn't the case because Novell would then be violating the GPL. So the agreement is pointless to users of linux and distributors of linux (even Novell), it only gives MS some plausible cover to courts/antitrust litigation where they can say "we tried to negotiate with the linux people".

    17. Re:Violating GPL by gstoddart · · Score: 2, Insightful
      I don't understand how this can work. GPL-licensed software cannot be encumbered by patents. If the software cannot be redistributed (say, by other vendors) because it is violating patents, wouldn't that mean it can't be GPL?

      It goes sorta like this:

      1) People write GPL code, release it without patents.
      2) Someone patents the concept in the code written by someone else independantly
      3) Microsoft tells Novell they will indemnify Novell and their users from being sued by MS for violating their patents.
      4) By implication, anyone who isn't covered by this deal is assumed to be in a legally shaky position as they *could* get sued.

      This is not about Novell releasing new code which is patented, but licenced under the GPL. This isn't even about Microsoft giving Novell any new technologies. This is about Microsoft saying that one specific vendor and their customers will not be sued for the patent infringements which have already occured (at least according to them), but that everyone else who isn't a Novell customer is running tainted software. In effect, the 'licensing' agreement means that MS is promising to ignore any overlap with their patents. In return, Novell gets indemnity, and MS gets to (try to) drive a wedge into the legality of Linux.

      Now, wether it makes sense to patent software that a skilled practitioner could come up with or not, that's a totallty separate issue. This is about patents which have been granted being 'infringed' by people who implemented the same concept in another place.

      But, if MS holds a patent which covers, oh, say, Samba file sharing, then anyone but Novell and their customers (and unpaid developers) are, according to MS, potential targets for litigation.

      Aint it grand?

      Cheers
      --
      Lost at C:>. Found at C.
    18. Re:Violating GPL by compm375 · · Score: 1

      1) There is valid GPL code. 2) It is invalidated in a non-Novell product by a patent. 3) The other company must pay MS money and remove infringing code. 4) Novell must also remove the code so not to violate the GPL - Code does not get forked, there is no wedge. The only difference between Novell and other distributors is that Novell can't get sued by Microsoft. They still have to remove the code or face violating the GPL. It also seems kind of shaky legally, because it basically means Novell is admitting they are violating MS's patents, which means they are violating the GPL.

    19. Re:Violating GPL by mav[LAG] · · Score: 1

      If you are arguing that Novell has licensed IP that covers a GPLed element of a Linux distribution, and cannot redistribute that code because it cannot sublicense that right to others (besides its customers), then you have conceded that Linux embodies infringing IP and that the community is obligated to remove that IP before the community may redistribute the code. Paragraph 7, contrary to the opinions of many, does not permit you to "wait" until IP such as a patent is "validated" in a court against a distributor defendant.

      IP? What does that mean? There is no Microsoft-copyrighted code in Linux. Be specific. You mean software patents that only apply in the US? Well, hundreds of thousands of programmers outside of the US will happily ignore Microsoft's claims that they own the sole rights to the concept of adding integers using a CPU, or whatever patents it holds.

      And besides, do you really think Microsoft will actually tell the community what patents it is that we are supposed to be infringing? Of course it won't because as soon as it does, Novell won't be able to satisfy the GPL any more and secondly, any offending code will probably be ripped out and rewritten overnight. Why do you think the agreement is just a covenant not to sue, rather than a detailed cross-licensing deal?

      Far better for Microsoft to have some kind of vague threat that "Linux infringes our IP" than actually specify what it is.

      --
      --- Hot Shot City is particularly good.
    20. Re:Violating GPL by Orion+Blastar · · Score: 1

      Novel is not stupid enough to share Microsoft IP with other Linux companies, via Linux source code releases. Quit saying that they are, you ignorant emo whiner!

      Novel can pay to release the Linux source code to a different license and then do the same thing with SuSe that Apple does with OSX being based on *BSD Unix, but still keep some code private. Then Novel can do what Apple does, and have open source as well as private code that is IP protected. Xandros and Linspire paid to release Linux code from GPL to another license in order to protect some of their code as IP and has a mixed free software and proprietary software license, which any idiot can tell you that Novel would do the same thing. If you bothered to do any research, instead of going on an Anti-Microsoft rant you'd know that. Instead you think with your emotions, and not with logic and reason like me and many others who know a heck of a lot more about the subject than you apparently do. Grow up child, adults are talking here.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    21. Re:Violating GPL by pavera · · Score: 1

      First off: Linux code is the kernel. It is not dual licensed anywhere.
      Second: Please point me to the projects to which you are referring? You state that Xandros and Linspire paid to release "linux code" from the GPL... This is very difficult to do. You have to pay or get every single contributor to a project to agree to be paid for something like this to work. For any substantial project (kernel, samba, kde, gnome, etc) there is no possible way that you could hope to achieve this.

      Linspire and Xandros have proprietary code that THEY HAVE WRITTEN, and they are free to license that code however they want.

      Your Mac OS example has nothing to do with this either, the BSD license is fundamentally different from the GPL. Apple was able to take the BSD code because the BSD license doesn't require redistribution of code, it allows you to take whatever code you want and do whatever you want with it.

      The agreement that Novell signed has nothing to do with future code that may be written, again Novell is free to do whatever they want with that code just like Linspire, Xandros, whoever. If they write it they own it. This agreement talks about existing code that has been developed by the community. MS said "hey there are patents of ours in Linux, and in Windows we probably are violating some patents that you own wrt the Unix IP you own, we won't sue you if you don't sue us". It's a classic patent cross license agreement.

      That is why this will violate the GPL because Novell thinks it can be the *ONLY* distributor of linux after MS gets done with the IP violations in linux. Unfortunately, they can't because they would be stealing the work of the community which released the code for Novell to use with the promise that the code would always be freely distributable. With this deal the door is open to attempt to close the code and shut linux down.

    22. Re:Violating GPL by pavera · · Score: 1

      Given the number of patents MS has, I would consider it highly unlikely that Linux doesn't violate at least one. I don't have a specific example, but MS has a patent on clicking a certain number of times... I bet they have patents on file systems, network file sharing, memory management, the works.

      If linux infringes one of these patents then the only people in a real position to know that are MS and Novell. Novell would be idiots of they didn't get a list of the patents they are licensing in this deal. If Novell is aware of these patents (and as I said they would need to be to have signed a deal regarding them) then they are in a position to know that they are illegally distributing linux.

      The GPL doesn't require you to remove infringing IP until it is confirmed to be infringing. Your statement that you have to remove IP before it is confirmed by a court is insane. If Microsoft sues Redhat for some patent in an OSS project and they lose then there was never any violation so why would you have to pre-emptively remove code?

      MS isn't going to reveal which patents they think linux is infringing until they file the lawsuit in Texas District 9 or whichever one it is that always sides with the plaintiff in patent litigation. Then we'll all know and the community will have to adapt. If MS wins a patent suit, this agreement will not help Novell distribute Linux nor will it help their customers. Novell will have to remove the infringing code just like everyone else because they can't distribute a GPL project that is patent encumbered unless they can convince every single contributor to that project to relicense the code.

    23. Re:Violating GPL by Orion+Blastar · · Score: 1

      You underestimate the Linux community. Any code that violates Microsoft's or SCO's IP have been in the process of being rewritten, and if it hasn't been rewritten yet it will be.

      Yes there are other commercial versions of Linux like Red Hat Enterprise, but Fedora Core is the base of the OS using the Linux community source code. Novell can use Microsoft IP in SuSE commercial, but not in OpenSuSE which it shares code with the Linux community. Like I said, Novell is not stupid enough to release private code they don't own into the Linux community. Parts of SuSE commercial are GPLed, but not all of it, and Novell does release the GPLed version of the code under the GPL. Yes some GPLed code was released from GPL, and the programmers in the community that wrote it most likely got paid a fee. That is but one of the ways to make money off of GPL code, get paid to release it into a commercial license.

      What Microsoft most likely wants is for Novell to write a Linux subsystem for Vista or at least have SuSE Linux run in Vista under a virtual machine (ala Virtual PC), so Vista users can have the best of Windows and Linux in one system. Microsoft once did this before with a POSIX and OS/2 subsystems in Windows NT 3.1 to run Unix POSIX and OS/2 applications. I think you overlooked that. If Microsoft can keep their OS as the main OS, and still run Linux programs under it, they figure that there is no need for people to reformat and reinstall with Linux in place of Vista. Only in order to do that, they need to work out some sort of deal with Novell, which they are doing.

      I am guessing that the Linux subsystem will be added with SP1 or SP2 of Vista.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    24. Re:Violating GPL by AceJohnny · · Score: 1

      Actually, my whole point revolved around the idea that the CIFS stuff provided by Novell as an alternative to Samba would have no code relationship with Samba, and thus not be tied to the GPL.

      Did I miss something for everyone to be so certain that Microsoft would somehow get tangled with the GPL?

      --
      Misleading titles? Inflammatory blurbs? Keep in mind that Slashdot is a tabloid.
    25. Re:Violating GPL by DRJlaw · · Score: 1

      The GPL doesn't require you to remove infringing IP until it is confirmed to be infringing. Your statement that you have to remove IP before it is confirmed by a court is insane.

      "7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License."

      The GPL explicitly disagrees with you.

  27. MS Linux by alunharford · · Score: 0

    I've thought for a long time that Microsoft's best way to kill Linux is to create MS Linux (free), add a load of features that would make it attractive over other distros (good support for DirectX, .NET, etc.), take over 90% of the Linux market (wait for Red Hat etc to die), make the Open Source community rely on Microsoft's code base, and then slowly make MS Linux so bad that people had to migrate from it to another distro (and the commercial ones would be dead, so good luck getting large companies to do that!) or 'Normal' Windows.

    1. Re:MS Linux by ronanbear · · Score: 1

      That wouldn't work. The GPL includes freedom to fork. Any improvements added to Linux would be available to everyone else. There'd still be 100s of distros out there and Microsoft would never get a chance to kill anything GPL with bloat.

      Microsoft could add a proprietary application stack on top of Linux and then hope people started using it. To do that they'd need to offer Office/Exchange etc on Linux (if they stayed close source they could be set to only run on MS Linux). To get significant marketshare it would need to take people away from Windows at least as fast as it takes people within Linux.

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
    2. Re:MS Linux by srobert · · Score: 1

      The GPL includes freedom to fork.

      They'll never take my forking freedom!

  28. The Easy Way by blueZhift · · Score: 2, Interesting

    All of the conspiracy and divide and conquer is all very fun, but seriously, Microsoft doesn't need to work that hard to make more money. The Novell deal is probably just what it looks like, a way for Microsoft to make some money from the Linux market. They don't need to destroy it or any such nonsense. Windows isn't going away any time soon, and sorry Linux isn't taking over either. But Microsoft does have to be careful of running afoul of the GPL in any case, so making deals with companies like Novell, may be a way to get a piece of the market without GPL or antitrust entanglements.

    1. Re:The Easy Way by cp.tar · · Score: 1
      Microsoft doesn't need to work that hard to make more money.

      This is not about the money. It's about domination.

      --
      Ignore this signature. By order.
    2. Re:The Easy Way by jamstar7 · · Score: 1
      Microsoft doesn't need to work that hard to make more money.

      This is not about the money. It's about domination.

      It's not about the domination per se. It's about being able to guarantee dividend checks to shareholders for Q1 2007 & beyond. Dominating the market and crippling/destroying any competition or percieved competition is good for the dividend checks. Let's face it, even the daily fines from all the antitrust suits lost so far by MS haven't really cut into their profit margin. Hell, they just pay the fine, take it off in taxes, & call it 'the cost of doing business'. Until courts start levying fines with real teeth, we'll just keep seeing more of the same, more of the same...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    3. Re:The Easy Way by Anonymous Coward · · Score: 0

      Companies like Microsoft like to terminate "possible threats" such as Linux before they become actual threats. Yes, Linux is not taking over and Microsoft wants to make sure of it.

    4. Re:The Easy Way by LifesABeach · · Score: 1

      I have watched Microsoft do business with other companies since 1985. From an historic point of view, I would suggest selling your Novell stock now. As for Microsoft's arrogant statement, "And if people want to have peace..."; I believe that this phrase says it all. There is a reason for my disappointment with Microsoft; They have gone out of their way to earned it.

  29. Licensing by jamienk · · Score: 4, Insightful

    So what, exactly is Novell licensing from MS? If Novel declares that they only have the right to distribute certain GPL'ed code because of a license that they've bought, then, under the terms of the GPL, they cannot distribute that code at all.

    MS and Novel know this, and that's why they don't call what they've done "licensing." Instead, as they've said, they have carefully taken the GPL into account when they made this deal (in order to work around it), and called their deal a "promise not to sue" or some such.

    If MS DOES successfully sue another distributor or coder over GPL'ed code, then Novell's deal with MS would not give them any EXTRA ability to continue to distribute that code.

    So what have MS and Novell done? They have created the illusion that Novell has licensed MS patents and that other Linux distributions do not have this license. The truth is:

    * No court has ruled that MS holds patents on any GPL'ed code

    * MS has not claimed that any specific GPL'ed code violates MS's patents

    * If MS DID bring a patent suit against a prominent Free software project or it's proxy, it would be resolved:

          - Many big projects would fight in court (Red Hat, FSF, IBM), and MS would lose

          - MS would come under attack by other companies that have interest in GPL'ed software and that have large patent portfolios -- MS would back down

          - If MS did win a suit (or if the legal battle was too much), the code would be replaced quickly

    Question: how does the BSD'ed code (or Apache licensed, etc) fare in the above context?

  30. Yeah, it was called SCOSource by Mateo_LeFou · · Score: 1

    Remember that? "We're not saying we actually have any code or other "intellectual property" in Linux, 'cause if we said that we'd have to .. y'know, identify where it is and that sort of thing. At which time it would be wiped the #$^# out of Linux within hours. We're just saying that in case we do have any you should pay us some money and then we won't sue you. We really don't want to go through the hassle of a big trial, partly because we're such nice guys and partly because there isn't a shred of evidence for our claims. So how 'bout just a little money?

    --
    My turnips listen for the soft cry of your love
  31. e4 by Kadin2048 · · Score: 1

    Thanks MS for not currupting a good distro.

    1. Embrace
    2. Extend
    3. Extinguish

    This is only Step 1. Don't think they're just going after SuSE. Once they've made all the other distros illegal by virtue of copyright/IP-infringement claims, you won't have a whole lot of choice in the matter.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:e4 by Znork · · Score: 1

      "Once they've made all the other distros illegal..."

      For any GPL software SuSE distributes they must either forward any specific rights they think are needed, or they must cease distributing the GPL software. The GPL explicitly prevents partial rights from accompanying it. If there is a case where MS tries to claim infringement, but Novell say's they're not affected due to the agreement, then Novell loses it's right to distribute the software under the GPL instead.

  32. They're Not by Anonymous Coward · · Score: 1, Insightful

    Microsoft only helps Microsoft. History is a resounding proof of that. Mark my words - they'll use Novell to gain leverage and then the hammer will drop.

    1. Re:They're Not by thejrwr · · Score: 1

      if all else fails, use c4

  33. Microsoft/Novel deal could two tier linux market, by Anonymous Coward · · Score: 0

    > pretend I pasted the body of the article here

    Only Suse users are safe? Gee. What do they plan to do with the GPL part of Linux? Make it proprietary? Nobody needs the MS patented part of it, after all.

    Ballmer is really, really past his his "sell date". Maybe he could beat himself back into competitive form with an office chair?

  34. I wonder... by petrus4 · · Score: 5, Interesting

    Although I'm not an expert on RICO, I find myself wondering if Microsoft aren't tiptoeing within reach of potential racketeering charges, here.

    If Microsoft are planning on threatening people with suits for using their IP, they're going to have to make damn sure that said people *are* using their IP first. If they threaten a company, the company calls their bluff, and it comes out in the courtroom that said company isn't actually infringing on their patents, an astute judge might then ask some rather awkward questions.

    Methinks Ballmer needs to be very, very careful. An approach of, "Nice distribution you have there. Would be a shame to see anything happen to it," could seriously legally backfire.

    1. Re:I wonder... by Anonymous Coward · · Score: 0

      You probably already know about civil RICO. Criminal RICO was used to throw mobsters in jail. Civil RICO allows any private person to sue for three times the damages suffered by the racketeering. But "racketeering" as a concept is so vaguely defined that it basically applies any time to any two or more predicate offenses, which can be basically any state or federal crime. Say you find that they billed you a dollar extra twice. That's two instances of fraud, which some courts consider enough to qualify as "racketeering." So you can either sue for your dollar back, or you can argue that they are running the affairs of an enterprise through a pattern of racketeering activity and get $3 back. Civil RICO is taking over everyday regular business litigation.

    2. Re:I wonder... by Anonymous Coward · · Score: 0

      What you say was true, until someone sued a tobaco company under RICO, then the courts changed the rules again. Seems RICO doesn't apply to white-collar drug dealers, no matter how much fraud the commit.

  35. Ominous but empty threats by HighOrbit · · Score: 3, Interesting
    "Let me be clear about one thing, we don't license our intellectual property to Linux because of the way Linux licensing GPL framework works, that's not really a possibility," said Microsoft chief executive, Steve Ballmer.
    "Novell is actually just a proxy for its customers, and it's only for its customers," he added. "This does not apply to any forms of Linux other than Novell's SUSE Linux. And if people want to have peace and interoperability, they'll look at Novell's SUSE Linux. If they make other choices, they have all of the compliance and intellectual property issues that are associated with that."

    IANAL, but I think these are empty threats and here is why:
    1. Mutually Assured Destruction, or rather, IBM and its relationship to Linux and Unix. IBM has a stake in Linux and will defend its own interests. Also, Linux mostly implements Unix. Almost any challange to Linux will also be a challange to Unix. IBM (and Sun for that matter) is not about to let that happen.
    2. Again, IANAL, but I would think this would be a case of "estoppel". Linux is a hodgepodge. It is a bunch of contributed "pieces-parts" from other people. Novell/MS can not benefit from contributed software and simutaneously oppose it for everyone else. Nor can Novell equitably get away with knowingly contributing to Open Source and then say "gotcha".

    Looking for the silver-lining, I hope this will lead to an officially blessed MS smb/ad client that will reveal some of the inner workings that continously stump Samba.
  36. Richard Stallman's most prescient writing... by vrmlguy · · Score: 3, Informative
    This is from a year ago, but it's even more relevant today:
    Microsoft made it abundantly clear that they would use their patent portfolio to prevent the spread of GPL software. Section seven of the GPL (the implicit patent grant of the license) now looks like the most prescient writing Richard Stallman has ever done. If you're not familiar with it I'd suggest you read it and understand why using the GPL to protect your Free Software is so important.
    http://samba.org/samba/news/articles/low_point/col umn11.html
    --
    Nothing for 6-digit uids?
  37. Meal Time by Nom+du+Keyboard · · Score: 1
    'Novell is actually just a proxy for its customers, and it's only for its customers,' he added. 'This does not apply to any forms of Linux other than Novell's SUSE Linux. And if people want to have peace and interoperability, they'll look at Novell's SUSE Linux. If they make other choices, they have all of the compliance and intellectual property issues that are associated with that.'

    Microsoft should be made to eat those words, and sooner rather than later. It's a shot across the bow, claiming that they now own Linux as well as Windows. Is OSX next?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Meal Time by ZachPruckowski · · Score: 1

      As part of a massive court settlement in the mid-90s, Microsoft paid Apple for a cross-licensing deal on all software-related patents. They did this to settle a lawsuit that had been going on since the beginning of Windows, since Apple owns patents on stuff like menus and stuff, and they also claim that MS stole the "look and feel" of the originial Mac OS. So they paid Apple off to get a cross-licensing deal and also help prop it up when it was struggling, so that MS would look like less of a monopoly. Therefore, any functionality Apple's BSD-inherited or GNU-inherited code uses would not subject them to a lawsuit.

  38. GNOME and Mono by metamatic · · Score: 1

    So, everyone still happy with GNOME making Mono part of its base desktop?

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    1. Re:GNOME and Mono by alext · · Score: 1
      Not that any of this was predicted...

      Will be interesting to see to what extent Mono's brain-dead cloning precipitated this deal. One wonders whether Samba and OpenOffice (!) really were concerns or whether they were just mentioned as padding so that Mono didn't stand out.

  39. reminisant of SCO by Anonymous Coward · · Score: 0

    As far as I can see there is nothing concrete in the below:

    - 'work' on interopability
    - 'promise' not to sue
    - 'recommend' suse

    This is PR reminisant of SCO and seems pretty clear from the timimg (see oracle linux) that it is just an empty association designed to try and damage redhat.

    1. Re:reminisant of SCO by Sassinak · · Score: 1

      I can't say the timing isn't a little too conincidental. (first Orcale with their Linux-O and support, which takes a nibble out of Redhat and puts them on the defensive).. Then MicroShark teams up with Novell and basically promises everything (we'll see how they deliver) which further damages redhat.

      And of course, Red Hat has been the "legitimate face" of linux in the corporate world.

      Umm... Granted, I don't actually SEE the black helicopters, but you know.. if it walks like a duck, and quacks like a duck....

      --
      God made the Idiot for practice, and then He made the School Board -- Mark Twain Look for http://Thebar.steelbeachca
  40. Ballmer Ballmer Ballmer by Anonymous Coward · · Score: 0
    Let me be clear about one thing, we don't license our intellectual property to Linux because of the way Linux licensing GPL framework works, that's not really a possibility. Novell is actually just a proxy for its customers, and it's only for its customers. This does not apply to any forms of Linux other than Novell's SUSE Linux. And if people want to have peace and interoperability, they'll look at Novell's SUSE Linux. If they make other choices, they have all of the compliance and intellectual property issues that are associated with that.

    I'm now clear about one thing, Steve Ballmer doesn't understand the GPL.

    He should stick to chair tossing.

    1. Re:Ballmer Ballmer Ballmer by Coeurderoy · · Score: 1

      He probably understand it very well, what this agreement will give him is an opportunity to try is out.

      If nobody sues Novell for misusing the GPL they can pretend that it is not really a licence but just a kind of "opinion, goal, feel good thing" nothing serious.
      If somebody sues Novell and looses, they win
      If somebody sues Novell and wins, they can say to the GPL is anti business and very evil, it is making this fine American company (Novell) go banqrupt...

      So they also win.

      Well I just finished downloading kubuntu :-)

    2. Re:Ballmer Ballmer Ballmer by Anonymous Coward · · Score: 0

      Now would be a good time for a patent troll to do an exclusive patent licensing deal with a mom and pop shop over some obvious method infringed by Vista. Making this mom and pop shop, the single legal supplier of the Vista OS at 10x it's current retail value. That's what MS think they just did to linux, they could hardly object.

  41. it may be divisive? by pair-a-noyd · · Score: 2, Interesting

    "it may ultimately be very divisive for the Linux community."

    No shit?

    This development signals a parting of ways for everyone I know with Suse Linux.
    My phone has been ringing off the wall and everyone is asking me, "What should we switch to now?"
    No one I know wants to have anything to do with this abomination.

    This is nothing more than a ploy to poison the well.

    Thanks Suse, it was great while it lasted, but now you've shot yourself in both feet and we don't trust you anymore.

    1. Re:it may be divisive? by TheGratefulNet · · Score: 1

      there's ALWAYS freebsd.

      M$ won't monkey with that. its still a 'pure' well.

      (and its actually more stable than linux, truth be told. linux had a great run. now maybe its freebsd's turn..)

      --

      --
      "It is now safe to switch off your computer."
    2. Re:it may be divisive? by prockcore · · Score: 1
      My phone has been ringing off the wall and everyone is asking me, "What should we switch to now?"
      No one I know wants to have anything to do with this abomination.


      Yeah yeah, we heard the same thing when redhat spun off Fedora. I'm sick of the chicken little portion of the open source movement.

      The sky isn't falling, and any patent claims will be dealt with the way they've been dealt with in the past (the creation of PNG for example).
    3. Re:it may be divisive? by Anonymous Coward · · Score: 0
      there's ALWAYS freebsd. ...
      and its actually more stable than linux

      No, actually it's not. Ever since version 4.2 FreeBSD has been an unstable mess. 4.1 was fine on my machine but 4.2, 5.x and 6.x have been terrible (e.g. crashes for no apparent reason). Linux has been rock-solid for me.
  42. Re:Bill + Steve - Reality Television by Nom+du+Keyboard · · Score: 1
    Burring. Burring... Burring...
    .
    .
    .
    Steve: We have all the guys who wrote Vista. I think they could do it.

    HAHAHAHAHAHAHAHAHAHAHA!

    Both of them fall out of their chairs in the Diary Room.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  43. You're completely wrong! by NineNine · · Score: 0

    How is this going to hurt Novell in any way, shape or form. If anything, Novell SUSE will be the big winner, because in mixed environments, who are you gonna choose? Some random distribution that may or may not interoperate with your Windows machines, or one that MS has worked with to make sure it works?

    I own a business that is 100% MS right now. Everything is working well, but if we ever need a Linux server in the future, I know what distro I'm choosing (hint: it isn't Red Had or Ubuntu).

    1. Re:You're completely wrong! by cp.tar · · Score: 1
      who are you gonna choose? Some random distribution that may or may not interoperate with your Windows machines, or one that MS has worked with to make sure it works?

      Knowing Microsoft... I'd go with a random distro.

      --
      Ignore this signature. By order.
    2. Re:You're completely wrong! by saur2004 · · Score: 1

      Ya, that is until the thousands of Linux contributors (who ARE copywrite holders) tell Novel that they are in violation of the GPL and not allowed to use their code anymore. Dont think that that cant happen. In my opinion it should happen.

    3. Re:You're completely wrong! by Waffle+Iron · · Score: 1
      How is this going to hurt Novell in any way, shape or form.

      Judging from 25 years of history, including personal experience, here's what's likely to happen in the long term:

      Microsoft works with Novell for a few years on "interoperability". Microsoft's engineers absorb as much practical working knowledge as possible about Linux internals from Novell/SUSE people, without giving much back in the way of their Windows secrets.

      Perhaps the OS market will remain in a static status quo for the next decade. In that unlikely event, Novell may not get hurt. However, if Microsoft ever feels that the OS kernel is starting to get commoditized, they can simply pull an Oracle, dump Novell, and put out their own branded Linux-based OS using the results of their joint labors.

      Since their agreement with Novell has a time limit, they'll eventually be free to unlicense them and FUD them out of the way along with the rest of the commercial Linux vendors. In the long run, Microsoft may not care whether there's an NT or Linux kernel under their stack of wares, especially if .NET/Mono hides the difference. They can still make sure that their customers pay for per-seat licenses by using Apple's hybrid kernel/userland model, and they'll be able to claim that they're "playing nice" by using a freely distributable (but rather useless in isolation) kernel.

      Microsoft has successfully used this general approach many times in the past, starting with their IBM DOS and OS/2 deals, up throught the most recent example of bamboozling digital device manufacturers with the Plays For Sure/Zune switcheroo. There's no reason to believe that it will be any different with Novell, especially with that company's long track record poor strategic decisions.

    4. Re:You're completely wrong! by 0xABADC0DA · · Score: 3, Informative

      Because *if* there are Microsoft's patents then unless Novell can extend usage rights for free to all, not just their "users", then they are in violation of the GPL. Clearly they won't be able to do this as that would effectively indemnify all Linux distros (since you could "patch" SuSE to be Fedora Core for instance). So you see that the other distro's are held in check by threats of lawsuits from Microsoft over patents and SuSe is held in check by lawsuits over copyright from GNU and/or Microsoft subsidiaries that get their GPL code included in the distro (parties with copyright to sue over).

      The best response from the community is to boycott SuSE in every way as a distro. The best response from GNU and other rights holders is to immediately sue Novell over violation of GPL license (but this may require showing that there *are* patented code in Linux that SuSE aren't extending rights to use it).

    5. Re:You're completely wrong! by DragonWriter · · Score: 1
      How is this going to hurt Novell in any way, shape or form.


      Its a five year covenant not to sue. After 5 years, Microsoft will probably ask for even more money, or sue. Plus, during that time, they will likely have identified specific supposedly infringing items to Novell, establishing the requisite notice to recover damages, which may otherwise be disputed and limit Microsoft's ability to recover damages in a patent infringement suit and, therefore, the utility of suit.
    6. Re:You're completely wrong! by grimwell · · Score: 1

      Microsoft's engineers absorb as much practical working knowledge as possible about Linux internals from Novell/SUSE people

      Why would Microsoft need to partner with a linux distro to "learn about the Linux internals"? The kernel is developed in the wide flippin' open public. Full sources are readily available. If Microsoft wanted to learn about any GNU/Linux dustro, they just have download it. I'd guess Microsoft has a few developers around that know C.

      --
      If the govt becomes a lawbreaker, it breeds contempt for law, it invites man to become his own law, it invites anarchy
    7. Re:You're completely wrong! by Waffle+Iron · · Score: 1
      Just staring at 10 million lines of code for a few months isn't going to give you much insight into how the entire system *actually* behaves. You need real-world experience that can only be gained by many years of actual coding, debugging and using the code.

      It's far easier to get up to speed by learning from the people with that experience, and maybe hiring away a few of the best ones.

    8. Re:You're completely wrong! by 99BottlesOfBeerInMyF · · Score: 1

      How is this going to hurt Novell in any way, shape or form.

      MS is going for the next big lock-in, probably with Web services. If they can get it, with the help of Suse, they will stab them when they turn their back, just as they have again and again. hose who do not learn from very recent history...

      ...who are you gonna choose? Some random distribution that may or may not interoperate with your Windows machines, or one that MS has worked with to make sure it works?

      I'm going to formally evaluate a number of them and pick the one that works best for what I want to do and that has a roadmap that fits with what I think I want to do in the future.

      I own a business that is 100% MS right now. Everything is working well, but if we ever need a Linux server in the future, I know what distro I'm choosing...

      Perhaps the fact that you make decisions based upon hearsay and company reputations is the reason you have a 100% Microsoft shop in an industry where that is very rarely the best financial solution.

    9. Re:You're completely wrong! by jejones · · Score: 1

      Yes, but... it's a lot easier if you have help.

      Recall the story in Weinberg about the guy trying to debug a program that barfed when emulated on a faster system. He only figured it out after he took one of the original programmers out for a beer and heard the story about how one of the team members wanted to write the I/O section, but was assigned another piece... which was the clue the guy needed. Sure enough, the programmer wanting to do I/O rebelled by overwriting (pointers? interrupt vectors?) in his part of the code so that his I/O routines would be called, said overwriting barfing under emulation.

    10. Re:You're completely wrong! by falconwolf · · Score: 1

      Perhaps the OS market will remain in a static status quo for the next decade. In that unlikely event, Novell may not get hurt. However, if Microsoft ever feels that the OS kernel is starting to get commoditized, they can simply pull an Oracle, dump Novell, and put out their own branded Linux-based OS using the results of their joint labors.

      There's no problem here, if MS were to dump Novell and release their own Linux then they'd have to open source it otherwise they'd be violating the GPL. Once it is violated then any and all of the programmers who contributed code to Linux can sue MS. MS may be able to take on one or two lawsuits at a tyme but they coud end up with thousands of lawsuits which could wipe them out.

      Falcon
    11. Re:You're completely wrong! by Waffle+Iron · · Score: 1

      Of course Microsoft open source such a release, just as Oracle's version of Red Hat is open sourced. Novell's problem would be that they invested a lot of effort helping MS get up to speed, then MS turns around and releases the results of these efforts under their own dominant brand. Regardless of whether Novell has access to Microsoft's kernel code, they end up marginalized. They don't have access to Microsoft's proprietary userland or apps, and in the long run they may not have this patent license either. Novell also can't match Microsoft's sales force and marketing muscle.

  44. Linux Meme - Linux has topped out by broward · · Score: 0, Troll

    The odds are good that interest in linux has topped out and that Vista will retain the desktop title.

    http://www.realmeme.com/roller/page/realmeme?entry =linux_meme

  45. I don't know about two-tiered... by ursabear · · Score: 1

    But I do know what worries me... When a recent acquisition of a database project (one based on OSS ideas) occurred, suddenly lots of freebie tools that work with that database were silently and swiftly taken off-line. The developers of said tools usually posted something cryptic on their sites citing issues with the "new management" of the database project.

    Will there be a similar chilling effect on many Linux-based tools that work with the Microsoft/Novell stuff?

  46. MS approved extortion .. by rs232 · · Score: 1

    "the fine print means that the deal might not be good news for those not running Microsoft's approved version of Linux."

    "Microsoft made it clear that only SUSE users and developers, as well as unsalaried Linux developers, are protected"

    "Let me be clear about one thing, we don't license our intellectual property to Linux because of the way Linux licensing GPL framework works, that's not really a possibility," said Microsoft chief executive, Steve Ballmer.

    "Novell is actually just a proxy for its customers, and it's only for its customers,"

    :) With this agreement I now own Novells entire customer base ..

    "if people want to have peace and interoperability, they'll look at Novell's SUSE Linux. If they make other choices, they have all of the compliance and intellectual property issues that are associated with that."

    Ok Steve, put up or shut up. Sue a big corporation over using 'unlicensed' Microsoft Linux.

    --
    davecb5620@gmail.com
  47. ditto by Anonymous Coward · · Score: 0

    I wouldn't use "Red Had" Linux either.

  48. M$ by treak007 · · Score: 1

    A deal with M$ is the kiss of death for any Linux distribution. Does Novell not realize that M$ is going to make a deal with them so M$ can destroy them?

    --
    Klingon Software is not released, it escapes, inflicting terrible damage onto the enemy as it does
    1. Re:M$ by Dunbal · · Score: 1

      Does Novell not realize that M$ is going to make a deal with them so M$ can destroy them?

            Destroy? Or assimilate, rather?

      --
      Seven puppies were harmed during the making of this post.
    2. Re:M$ by treak007 · · Score: 1

      Actually, that is a good question. M$ might just weaken them till they are no longer a threat, then let them fall on their face, or they might make Novell a part of the M$ family. Either way, bad for Novell.

      --
      Klingon Software is not released, it escapes, inflicting terrible damage onto the enemy as it does
  49. Bill's coding by Z34107 · · Score: 2, Interesting

    He hasn't ever coded anything to functional completion.

    Umm, just untrue. When Microsoft was a brand new company, he wrote their first products, one of which was a version of BASIC that ran on the Altair. Not a small accomplishment. Also remember that Windows became popular because of the programming tools for it made developer's lives much easier than developing for other platforms.

    --
    DATABASE WOW WOW
    1. Re:Bill's coding by jedidiah · · Score: 3, Informative

      No Windows became popular because MS-DOS was already the dominant platform and Windows was just an extension of MS-DOS.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Bill's coding by glsunder · · Score: 1

      I'll correctly finish your sentence:

      Windows became popular because every one pirated it. I don't think I remember seeing a legitimate copy of windows 3.1 outside of an office.

    3. Re:Bill's coding by ClosedSource · · Score: 1

      That might be a good argument if the early versions of Windows were a big hit, but they weren't. So clearly being an extension of MS-DOS was not sufficient to make Windows popular.

    4. Re:Bill's coding by molarmass192 · · Score: 1

      BG was one of 3 contributors to the Altair BASIC code base, he did not write it by himself. Paul Allen was the one with the intrinsic knowledge of the Altair platform, having already written an emulator for it. You're right about why Windows became popular though. Ironically, the fact that it turned its back on developers by shutting out the hobbyist segment is what will eventually lead to their downfall.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    5. Re:Bill's coding by 5of0 · · Score: 1

      Actually in the beginning, M$ was popular becuase of their productivity applications - Word and Excel, mainly - primarily for the macintosh. Word stepped in an open door (the mac word processor was worthless) and Excel fought a long battle to beat down Lotus 1-2-3. Only after that did Windows become ubuquitous. And yes, the initial versions of Windows were not well recieved. Interestingly enough, France turned out to be a far more receptive market to France (for Word and Excel) than the US, and helped support MS's efforts here domestically.

      --
      You all have Oo.o and Firefox, so get World Wind.
    6. Re:Bill's coding by jedidiah · · Score: 1

      Being an extension of MS-DOS was NECESSARY for Windows to become popular. You're trying to confuse necessary and sufficient in an attempt to disprove that "being DOS" was necessary.

      MS-DOS existed under the covers in consumer Windows until it was finally superceded by Windows NT in the consumer space.

      At a certain level, anything before XP was still just MS-DOS.

      Before '95, it was out there for everyone to see.

      In 1995, Microsoft was still selling MS-DOS to people like YOU.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:Bill's coding by ClosedSource · · Score: 1

      "You're trying to confuse necessary and sufficient in an attempt to disprove that "being DOS" was necessary."

      I'm not confusing anything. You said that Windows was popular because it was an extension of MS-DOS. That's simply not true for the reasons I stated.

      "MS-DOS existed under the covers in consumer Windows until it was finally superceded by Windows NT in the consumer space."

      "At a certain level, anything before XP was still just MS-DOS."

      I think you're a bit confused. Apparently you're having trouble deciding if you think NT was the first Windows not based on MS-DOS or whether it was XP (the correct answer is NT).

      "In 1995, Microsoft was still selling MS-DOS to people like YOU."

      Oh, the shame. In 1995 was I supposed to buy a Mac, or a Sun workstation? Or was I supposed to be using Linux 1.0 without KDE or gnome or any applications beyond utilities like cat and ls?

    8. Re:Bill's coding by jedidiah · · Score: 1

      I am not confused at all.

      XP is just another version of NT.

      BTW, XP/NT dates back to those days. It just wasn't sold to people like YOU.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  50. What does it matter, and what do you call SUSE? by phorm · · Score: 1

    I suppose part of how you interpret this depends on what you consider SUSE linux. Some of the various SUSE-specific configuration methods, and configuration front-ends etc would be specific and I suppose could have their licenses go more commercial. The majority of the software though (from Firefox to Ekiga to Apache) is going to be primarily developed by third-parties, and will have to respect the individual licenses (GPL, Mozilla License, etc). I can't see a lot changing here, as I haven't seen a lot that SUSE can lay claim to in the overall linux realm.

  51. Nah, nothing can touch Teh Microsoft. by Anonymous Coward · · Score: 0

    Oh, you mean like The SCO Group? That's been going on like five years now and they haven't been smacked down yet. On the contrary, the principals and the lawyers (who are now calling the shots) have been bleeding the company all but dry. There's a few pints to squeeeeze out before all chairholders have been completely defrauded. Oh, well.

    TSG targeted Autozone in just the way you're talking about. Nothing bad happened to them from that. I think MS learned from this.

  52. I don't think MS and Novell get a choice by Todd+Knarr · · Score: 2, Interesting

    Section 7 of the GPL explicitly says it's not limited to any particular thing, so equivocation about "covenant" vs. "license" doesn't get either of them out of it. If Novell can't pass on to it's customers all rights needed for them to redistribute SuSE Linux, then the GPLv2 says it doesn't have a license to distribute Linux at all. If those rights come from a convenant not to sue rather than a patent license, they're still required for SuSE's customers to redistribute SuSE Linux. GPLv3 makes the point even clearer, but GPLv2 has enough language in it to make the argument. I think all Novell's managed to do here is shoot themselves in the foot, and MS won't gain any advantage from having one "blessed" distribution when that blessing calls that distribution's copyright license into question.

    1. Re:I don't think MS and Novell get a choice by Anonymous Coward · · Score: 0

      if Novell can't pass on to it's customers all rights needed for them to redistribute SuSE Linux, then the GPLv2 says it doesn't have a license to distribute Linux at all.

      If that's true, then nobody else has the right to distribute Linux either.

    2. Re:I don't think MS and Novell get a choice by 2008 · · Score: 1

      So, how about this hypothetical scenario:

      Component X is patented by MS. MS says they will sue anyone who distributes it. This shuts down linux in general (at least until a workaround occurs).

      Novell offers distro that will automatically download Component X from MS - this is legal as MS has the right to distribute their own component, and the whole situation is like the nvidia binary drivers. However, unlike the nvidia situation digital signatures and encryption are used such that only an authenticated Novell distro can download Component X.

      Novell is now the only (legal) provider of a functioning linux, and they are in the power of MS. Ouch.

      --
      I quit!
    3. Re:I don't think MS and Novell get a choice by Todd+Knarr · · Score: 1

      Wouldn't really work. It'd have to be so integral to the kernel that the kernel couldn't function without it, and at the same time sufficiently seperate that (like the nVidia binary module) it could be modularized without any modifications to kernel code and without including any kernel code in the module. If that weren't the case then MS would have to comply with the only license the other copyright holders have given them to distribute their code, the GPL, or be themselves infringing on copyrights. I don't see how MS could come up with a component like that.

  53. Am I to understand this as.. by C_Kode · · Score: 1

    Novell just pulled an EV1/SCO type deal except being Novell/Microsoft?

  54. Here's the thing by Anonymous Coward · · Score: 0

    Microsoft and Novell are saying that they've tiptoed around the GPL but that isn't true. A patent license is a promise not to sue, the only difference is that a license usually covers specifics rather than some vague SCO-like FUD. Still it appears that Microsoft are "in effect" licensing their patent portfolio to Novell (who inked their own death warrant with this deal). The GPL makes it clear that patents must be licensed for everyone (ie: sub-licensible) or not at all. One way or another, we're going to have to see this agreement.

    Payback's a bitch and here's to Microsoft getting theirs :-)

    1. Re:Here's the thing by Anonymous Coward · · Score: 0

      In which case in addition to knowingly setting themselves up for copyright and antitrust violations, they (Microsoft) are putting themselves at risk of prosecution under RICO.

      Screw Microsoft.

  55. Yep. by Tony · · Score: 2, Interesting

    So, everyone still happy with GNOME making Mono part of its base desktop?

    Sure. Not so much with Mono, but I'm *way* happy with Gtk+/GNOME. Although, I have been running e17 for a while as my own desktop, GNOME is nice, and I have more faith in its openness than Qt. And GNOME is *not* Ximian/Novell. It's an independent project that Novell works on.

    I'm taking a "wait and see" approach to Mono, though. I never liked C#, so never saw a real reason to use Mono. And the whole .Net framework blows monkey chunks. You can't even call multicast delegates in a thread-safe manner. Who's bright idea was *that*?

    Anyway, this isn't a rant against Mono/.Net. It's a defense of GNOME, which is a damned fine desktop environment, even though I prefer e17.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:Yep. by metamatic · · Score: 1

      I don't see why Qt's openness is a problem. It's GPL licensed. And I don't object to GNOME--I'm running it. I just object to Mono, which I stripped out of my GNOME environment because I view it as a trap. If it becomes impossible to run GNOME without Mono, I'll definitely switch to KDE.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    2. Re:Yep. by Tony · · Score: 1

      Me, too. I don't like Qt because it's essentially C++ only, and C++ is a lame-assed language. If GNOME because hooked on Mono, I'd dump it completely, because C# is a lame-assed language.

      Qt openness isn't so much an issue anymore, but when GNOME started, it was a huge issue. At this point, Gtk+ is more open to outside contribution than Qt. That's about it.

      --
      Microsoft is to software what Budweiser is to beer.
    3. Re:Yep. by Anonymous Coward · · Score: 0

      Qt has plenty of language hooks to allow use of any language the developer in question could want to use.

      And can people stop calling Qt "not open"? It's GPL'ed.

  56. A Call to Action by businessnerd · · Score: 2, Interesting

    This is a call to action for every free software loving Linux user out there. SUSE IS DEAD TO US. WE HAVE NO SUSE! I encourage all to cease and desist use of SUSE distributions as well as contribution to the SUSE projects. Ok so this is really a boycott, and yes boycotts aren't usually very successful, but there is a difference here. SUSE currently does not offer anything so uniquely different that we could not go without it, or make it difficult to go without it. I am sure all of you SUSE fans out there have very legitimate reasons for loving SUSE, but those features, benefits could easily spawn themselves in a new distro, or be integrated into another distro like *ubuntu or a member of the Red Hat family. If Novell wants to dance with the devil in the pale moonlight, then so be it, but the rest of the Linux community will not be in attendance.

    FUCK YOU NOVELL! Turn your back on us and we'll walk right out the door.

    --
    "It's not whether you win or lose, it's how drunk you get." -- H. J. Simpson
    1. Re:A Call to Action by kyknos.org · · Score: 1, Interesting
      wHAT A BULLSHIT.
      • Novell's patents are still available for Red Hat to countersue Microsoft if necessary because of membership of both companies in the http://www.openinventionnetwork.com/ - nothing changed with that
      • Novell is still able to sue Microsoft over patents - the agreement contains a covenant not to sue each others customers - what is wrong with that? We don't like SW patents, do we? Why should customers be sued? Sue the company, if wou want to sue, not its customers.
      • Novell didn't admit any Linux code infringes any Microsoft IP. In fact, Microsoft is paying money to Novell, not vice versa.
      • ...
      • I do not see anything wrong here. Microsoft recognized importance of LInux - that's a good thing. Companies would cooperate to increase compatibility - a good thing...
      • So what is wrong here? Except irrational responses?
      --

      SHE does throw dice.
    2. Re:A Call to Action by Pecisk · · Score: 1

      [Ironic]Called "common people". They said that you can go easily away. They will stay.[/Ironic]

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    3. Re:A Call to Action by dodongo · · Score: 1
      SUSE currently does not offer anything so uniquely different that we could not go without it


      Are you out of your mind?! What about YaST?!?!

    4. Re:A Call to Action by opkool · · Score: 1

      Are you out of your mind?! What about YaST?!?!

      Don't worry, there's MCC from Mandriva

      Peace!

    5. Re:A Call to Action by businessnerd · · Score: 1

      I knew this comment would come from someone, but obviously you have been using just SUSE for a long time. There are very similar offerings with other distros. like Synaptic on top of apt-get and frontends for yum in Fedora (i like Synaptic better though). There are many others too. I have not used SUSE personally, so i don' know how Yast compares, but even if it is so much better, I dont' see it being a hard job to bring the others up to par

      --
      "It's not whether you win or lose, it's how drunk you get." -- H. J. Simpson
    6. Re:A Call to Action by dodongo · · Score: 1

      I was being snarky, not serious. I use Ubuntu and Synaptic and apt-get and Aptitude. I have not used SuSE in years.

      To repeat, in grandparent, I was kidding. Sorry if the extensively flamboyant punctuation didn't make that clear.

    7. Re:A Call to Action by dodongo · · Score: 1

      I apologize for not being clear in parent. I was kidding.

      I use Ubuntu and Synaptic and apt-get and Aptitude, having foregone SuSE in in 2004 when Ubuntu Warty (4.10) came out.

      YaST is sucky by comparison, and I find RPMs abhorrent now.

    8. Re:A Call to Action by CRMeatball · · Score: 1

      I am getting pretty tired of Linux snobs. I use Suse on my home computer, and like it very much. I have used Ubuntu, Red Hat, Debian and others, and like Suse the best. I, by no means, am a Linux expert, but certainly can get through most things. I do, however, use WinXP on my Laptop and office computer because most of the analysis software I use has no counterpart on Linux. For my home computer, I chose Suse because it is easy to learn and use. My wife uses my home computer, so it needs to be simple. This is not because she is incapable of learning a new OS, is that she doesn't want to, nor does she have the time. This is what is going hold Linux back. The Linux community seems hell bent on showing off that they know more than everyone else. Ever wonder why computer geeks (read: Linux freaks) have no friends, except other geeks? The general public needs a distro which they can use without having to think to much about it. That is why I chose Suse. I don't have to worry about it too much, and my wife can actually use it. RPM's make installation of software simple. If I were to ask my wife (who can install software in windows) to install something on Linux, she could not do it. She would look at me, ask "What the hell do you mean, I need to compile it first." Then she would say "Why can't it just be ready to install? Why do they have to make it so hard?" Having distros which are far more complex, such as Debian, are great, but not for the general public. So pull your heads out of your asses and realize that you will lose this fight unless you start acting more in the public interest, which I see Novell doing here.

    9. Re:A Call to Action by lawaetf1 · · Score: 1

      I think while the parent post was a little excessive, the sentiment is sound. Novell is basically cozying up to the enemy at the expense of the open source community. SCO's move on GNU software faltered and failed in part because nobody took the bait.. well, I think a couple companies actually did buy indemnity from SCO but the majority reviewed what was being offered and threw the paper back in their face.

      Novell is now separating itself a little from the rest of the community, at the expense of the community, by hopping into MSFT's lap for some perceived protection. It's a wedge in the ranks and introduces a new fear variable for anyone considering open source.

      So yeah, I sympathize with the parent post.

      --
      CommentBot 0.7a running with args "-module irritate,disagree -target random"
    10. Re:A Call to Action by kyknos.org · · Score: 1

      What expense to comunnity? Where is any harm? Novell hasn't done anything bad. It is just hysteria.

      --

      SHE does throw dice.
    11. Re:A Call to Action by Anonymous Coward · · Score: 0

      You're assuming we have market dominance as a goal. This may be true for RH, Novell et al, but it's not necessarily true of every "linux snob" or developer.

      So stop yelling at people who are (a) not living up to goals that you set for them, not they themselves, (b) you have not paid for the right to command, and (c) are well aware of people like you wanting something they are not currently providing, but which they may provide you with, for free, in their own good time.

      Chill dude.

    12. Re:A Call to Action by businessnerd · · Score: 1

      I am sorry that you feel like linux users are all snobs and have no friends but other linux users, this is not true for everyone, including myself. In fact I a have very few friends who actually do use linux.

      As for your ease of use argument, SUSE is not the only distro out there that offers this, and that is what my main point was. I apologize if I came of as being aggressive towards SUSE users, but what I was getting at is that there are other distros that offer all of the great things that SUSE offers, but who are not possibly compromising their OSS and Linux values by partnering with Microsoft. Ease of use is one of the top goals of many linux distributions such as Ubuntu, Mandriva and to a lesser extent Fedora. You answered your own compaint by saying RPMS make software installation easier. RPMS are not the only solution. SUSE has YAST, Ubuntu (and other Debian derivitives) have apt-get w/ Synaptic and there are others. I understand that your wife should not be expected to know how to compile software or even know what it means. That is why I do not suggest giving your wife something like gentoo or slackware. Keep in mind as well, there are plenty of Windows users out there that do not know how to install software in Windows. I have met quite a few. It's not a fear of the OS, it's a fear of the machine and an unwillingness to learn regardless of what that machine is running.

      As for the new alliance with Microsoft, I am not saying that this is bad because I want everyone to know how to do everything the hard way and edit config files. I welcome changes that would help Linux better interoperate with other OS's, but these changes should not go against the core reasons for Linux's existence and the reasons we all use it. At the heart of this is Open Source, having a choice in your OS and even further in the flavor of that OS (read distributions). There is a different linux for everyone, and Microsoft wishes to change that. While it may not hold up in court, Microsoft has displayed intentions of suing other distros that use any of the interoperability features that have been co-developed by MS and Novell which is the most backward thing that could happen in the Linux world.

      Chill out, I know you like SUSE, and I can't make you stop using it, but all I'm suggesting is that, given the other comparable distros out there, we don't necessarily need SUSE.

      --
      "It's not whether you win or lose, it's how drunk you get." -- H. J. Simpson
    13. Re:A Call to Action by lawaetf1 · · Score: 1

      From an earlier slashdot headline:

      ""Wickline said that the pact means that there will now be a Microsoft-blessed path for such people to make use of Open Source ... 'A logical next move for Microsoft could be to crack down on 'unlicensed Linux' and 'unlicensed Free Software,' now that it can tell the courts that there is a Microsoft-licensed path. Or they can just passively let that threat stay there as a deterrent to anyone who would use Open Source without going through the Microsoft-approved Novell path,' Wickline said.""

      What is so hard to understand here? Novell is basically lending credit to the MSFT bogeyman of patent infringement. They have given MSFT a helping hand. It's as if they signed up with SCO to sell "authorized" copies of Linux. I take it you work for Novell.

      --
      CommentBot 0.7a running with args "-module irritate,disagree -target random"
    14. Re:A Call to Action by kyknos.org · · Score: 1

      But that is just FUD and plainly false "facts". I do not see anything such in the deal. Microsoft is payning money to Novell not Novell to Microsoft, where is Novell saying his distribution infringes? Nowhere. That is just a paranoid hysterical interpretation.

      --

      SHE does throw dice.
    15. Re:A Call to Action by bogie · · Score: 1

      Look, the people at Novell are not stupid. They knew perfectly well on some level that this is exactly how it would be interpreted by the OSS community. Call if FUD or whatever you want, something smells really bad here and they should have known better.

      The super-grandparent or whatever was right. Time to shun Novell if this is what they consider playing fair against other OSS distributors. Cozy up with MS as the official "MS blessed" version of linux(screw all the others) and watch as the community you based your software on abandons you.

      --
      If you wanna get rich, you know that payback is a bitch
    16. Re:A Call to Action by Anonymous Coward · · Score: 0

      'But that is just FUD and plainly false "facts".'

      So. Novell entered into the situation with its agreement knowing this might occur. Novell is a business; as a business, it knows that people's decisions on not always logical and they will have to live iwth it. The fact that some outrage HAS occurred does not let them off the hook because the agreement is good; that's only by your measure, like Novell, not taking into account everyone's perceptions.

      What's the hook? They're dealing with MICROSOFT.

      iow, you may find the agreement fine. The agreement itself may indeed be fine with no hidden agenda. I don't know. I also don't care--the mere fact that it is with MS is REASON ENOUGH to abandon SuSE; MS has enough of a negative track history, particularly with embrace and extend, that I'm not touching SuSE ever again.

      That's my viewpoint of this agreement with MS and that's enough to step away. But wait, there's more--Novell. To me, it's very simple. Novell has struck a deal with a company I don't like. I will no longer be using Novell's products. The mere lack of understanding of Novell having struck this deal, knowing how it would sound off with the Linux community, and they still WENT THROUGH WITH IT shows Novell does not understand the Linux community or will compromise that community for its/Novell's sake.

    17. Re:A Call to Action by Anonymous Coward · · Score: 0

      The hilarious thing is, while the open-source community is bashing Novell for making deals with Microsoft, someone missed that not only is YaST now GPL'ed, someone at Novell appears to be writing a Fedora/Redhat port of it (though I did find it's not as complete as the SuSE version, yet).

  57. I guess Novell just got tired by Anonymous Coward · · Score: 0

    Novell has been fighting Microsoft for longer than just about any company. They had NetWare then for a while they owned Word Perfect (don't remember if they originally wrote WP or just purchased it). At one point in time I believe they owned a version of DOS. They once owned the original AT&T Unix. If there is any company who has been in direct competition with Microsoft for the longest on several fronts and at one point in time held dominate market share with NetWare 3.11 and Word Perfect. Granted they had sort of fallen of the radar ever since NetWare 4.12. Now with Suse it looked like we may once again see a strong Novell. Too bad in a few years I'm sure in a few years after Microsoft officially takes over they will find a nice corner in Redmond next to OS/2 to curl up and die.

    Here hoping that if/when MS kills Suse either by overtly hurting them or just by making them a pariah in the OSS world some group picks up all the Open Source code and creates a community distro.

  58. Licensing? by loconet · · Score: 1

    I see all this talk about Novell Licensing and non-Suse distros getting in trouble. What exactly does Linux need to license from MS? Could someone enlighten me?

    --
    [alk]
    1. Re:Licensing? by Dunbal · · Score: 1

      What exactly does Linux need to license from MS?

            The right to exist, apparently.

      --
      Seven puppies were harmed during the making of this post.
  59. OK my turn. by MrCopilot · · Score: 1
    Can we the developers get around this little snag, by getting OPENSUSE to distribute our code? Thus putting it under protection from patent infringement and GPL, to be used by all others?

    GPL v3 doesn't look so silly anymore does it?

    --
    OSGGFG - Open Source Gamers Guide to Free Games
  60. Divided They Fall? by mpapet · · Score: 1

    And when this story was brought up a few days ago, (http://linux.slashdot.org/article.pl?sid=06/11/03 /2024206) most comments were doubtful that MS would do such a thing.

    MS will simply drag a very visible company selling linux-based software (or two or three) into court and bankrupt them with legal expenses. (Obviously not IBM) Innovative entrepreneurs will surely stop after the litigation begins. MS will continue to raise the price of their products with consumers having no other options. They are after all, a price-maker and can sell at almost any price with no repercussions. http://en.wikipedia.org/wiki/Monopoly

    Please provide an alternative (likely) scenario if you disagree. I'd like to consider it.

    It's very clear that consumers of all kinds (home/office/enterprise) don't actually want an open marketplace for computer software and hardware where innovation is the norm.

    Those in IT who have chosen to go along with MS only have themselves to blame when they look around in 3-5 years and there is less work at much lower wages as a result of an MS monopoly.

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  61. irrelevant to EU (yet) by Anonymous Coward · · Score: 0

    May be i'm out of sync but it seems to me that here in EU software patents are still out of law.
    Well, thanx M$ for shifting the linux distro-building market tu europe. BTW it's fun to note that
    SUSE was an EU dostro originally, could we consider that "trojan business" ?

  62. Wow... That's Downbeat by Petersko · · Score: 1

    "If you cannot defeat your enemy outright, then infiltrate the enemy and divide them. This is going to end up worse than anything SCO has done because Microsoft has done it before. They already drew the dividing line - if you use any non-Suse Linux, you're open to the "consequences". This isn't a pro-Suse remark - Microsoft never does anything except to profit Microsoft. They'll use this to tie up Redhat and other distros in court, bring down the ones with a small budget altogether and destroy the larger ones with brute legal force then when they're done, they'll dump Suse like the whore they think she is. The future looks bleak - only Novell's waking up and terminating the relationship will kill this snake-in-the-grass."

    I don't think the future is quite as terrifying as you do. While I can't put a halo on their heads, the fact is that despite the "slap-on-the-wrist" punishments that they have endured to date, they can't really pursue a strategy like that, or they risk becoming Standard Oil.

    1. Re:Wow... That's Downbeat by Anonymous Coward · · Score: 0

      Just because they've been slapped on the wrist doesn't mean they've "learned their lesson". Their mindset hasn't changed one iota. They will always push the envelope in pursuing their monopoly and dits like national governments aren't going to get in their way - and their actions consistently reflect this. They're aggressive and will and are pursuing this Linux thing that has disrupted their control. There is no "okay, we're beat - let's all play together nicely now" here at all. And they've already layed down the law - any developer getting compensated for their work is at risk of lawsuit. How many major kernel developers are working on their own personal hobby time anymore nowadays? Nearly everyone working on important parts of Linux are supported by a plethora of interested companies. Hence - they're being compensated and thusly are at risk of attack. What happens them when Microsoft knocks all these developers off their computational perches? Microsoft effectively relegates Linux *back* to a hobby system developed by freebies rather than as an enterprise threat. If they cannot beat Linux outright, then they will slip in behind our flanks and hit us there. These guys stay up late at night working on strategies - it's war for them and they intend to win. Once they've destroyed the professional developer base for Linux, and tied up the distro's in court, they will have gained the upper hand and will be able to more effectively push Vista into the limelight. And they're not worried about backlash - that's what their bumbling anti-competitive defense lawyers are there for. Microsoft cannot be trusted in the least when it comes to Linux - they've made their position well known thru the entire period of time that they've been up against Linux and Microsoft is nothing if not consistent. No warm and fuzzy brochures and statements are going to change that. And indeed, there are no warm and fuzzy statements - the latest statements should ring as a promise of the future to all of us who love Linux. They've re-affirmed their hatred of the GPL. They're promising to intermix their technology into Suse. They're no doubt ready to unleash their legal clout against competitors and developers. Linus isn't even safe... And it's all to push Linux aside and push Vista at the forefront. After all, their claim is "interoperability". Why partner with a distro to perform this? They have access to the code just like we do. They could make their Vista as interoperable as pie without this strategic alliance. The signs are there and are very clear and their history dictates their future actions. I'm very sad that Novell gave in and wonder what behind the door threats may have occurred to provoke this compliance? Did Microsoft lay down a legal threat that could have shut Novell down? And remember that Novell owns our friendly neighborhood Linux copyrights and all that - making them an ideal target for Microsoft. Microsoft could have just as easily gotten in bed with a number of other distributors - but chose Novell strategically. Novell's a weak target - easy prey. Microsoft no doubt has the dirt on them. Could IBM have helped them or was Novell already tarnished goods? Who knows? All we know for certain is the nature of the Beast and that no good will come of this for those that use Linux. The line is drawn in the sand and the warning has been sent.

  63. In the beginning... by Anonymous Coward · · Score: 0

    there was SuSE. And SuSE was good. Then Novell bought SuSE and Novell was good.
    Then Novell descended in to hell and made a pact with Microsoft.
    Boycott Novell and Microsoft.

  64. MS Office for SUSE by mislinux · · Score: 1

    Well I know a lot of people are thinking about this from one end, but what do you think about the possibilities of Microsoft releasing Office for SUSE Linux. It would take much to port it from OSX and that would make SUSE a very viable alternative to Windows. I know it seems counter productive because it would be taking sales away from Windows, but if it allows for an income stream to Office, then why not.

  65. Sound and Fury by Tony · · Score: 3, Insightful

    This is all a bunch of sound and fury, signifying Vista.

    Seriously.

    When XP rolled out a few years ago, a bunch of businesses used Linux to leverage better deals on corporate licenses for XP and MS-Office. Microsoft probably "lost" hundreds of millions (meaning they didn't make hundreds of millions more) this way.

    Now that Linux is much more mature, some of those threats to migrate to Linux might actually turn out to be real. Wouldn't *that* suck for Microsoft. But even if they didn't, customers would use Linux like they did last time.

    Many companies might delay rollout of Vista simply to take a "wait-and-see" approach, to see if anyone else is moving to Linux. It's not a big threat, but it is a threat. Microsoft needs Vista to not look like a flop out of the gate. This is a big launch for them, and they need it to look good, to drive early sales. Yes, they have the market locked up, but it's better to get everyone's money *now*, and not later, especially for their stock price.

    Anyway. To me, that seems the most reasonable explanation, what with the timing of this. The important thing isn't that Linux is in trouble (which it is not); the important thing is that there is the *appearance* that Linux is in trouble.

    --
    Microsoft is to software what Budweiser is to beer.
  66. Hmmm by daiichi · · Score: 3, Interesting

    You guys aren't near paranoid enough. Ballmer's reference to IP and licensing may be a future reference. Imagine what the linux world would be like if they built into Windows 2003 and Vista servers enforcement of client access licenses--and the only linux that it would work on is SUSE? Suddenly, all those Linux installations out there that rely on talking to Windows file servers, remote desktops, and what-not--all of those will have to move to Microsoft Linux.

    1. Re:Hmmm by Anonymous Coward · · Score: 0

      Can you say anti trust in Americian, Korean, Japaneese, French/German/English (i.e. the EU).

      How many $ or Euros a day might that be worth?

      That might be fun to watch.

  67. MS Doesn't get it... by pavera · · Score: 1

    "The second thing we did in this area was add a promise that goes to developers, even developers who are getting paid to create code to opensuse.org, code that Novell then takes and incorporates into its distribution," added Smith

    Ok, so MS thinks that if you contribute code to opensuse, that then you are absolved.... Do they not understand how OSS works? Everyone contributes to the projects, the distributions just take those projects and create a working, installable product. If you contribute directly to the Linux Kernel, it is going to end up on opensuse.org. If you contribute to open office, it is going to end up in open suse. To me this promise basically absolves everyone as long as Suse is distributing the product.

    Of course baring that, apparently all you have to do to become a novell "customer" is download and install Suse at least once... So, pop open VMware, install suse linux, and be protected!

  68. it's all about tactics by kipple · · Score: 1

    This doesn't sound new at all.
    Buy your opponent, then either close them or suck them into your product.
    It's the Microsoft Strategy.
    Since you can't "buy GNU/Linux", they are buying those who sell it. ...neeeext

    --
    -- There are two kind of sysadmins: Paranoids and Losers. (adapted from D. Bach)
  69. They're very worried about the OSS community by Colin+Smith · · Score: 1
    They're not worried about the OSS community. Not even a little.


    Actually they are, otherwise they wouldn't have made the threat. The problem with Linux being free is that it massively reduces the value of the OS as a commodity item. This is a tactic to force people into an expensive alternative to push value back into that portion of the market.

    Their problem is that every piece of software in existence probably infringes on half a dozen patents at least and Microsoft are easily the largest single target in existence. Patents are like nuclear weapons, you can't really afford to use them against someone because they and others will use them against you, they'll have no choice because you've demonstrated your willingness to use your own. It's game theory.

    --
    Deleted
    1. Re:They're very worried about the OSS community by chill · · Score: 1

      Actually they are, otherwise they wouldn't have made the threat. The problem with Linux being free is that it massively reduces the value of the OS as a commodity item. This is a tactic to force people into an expensive alternative to push value back into that portion of the market.

      I don't think they are, really. I think they think about and plan for Linux, but aren't worried about it.

      Look at Vista. The entire OS can be looked at from the perspective of "we don't care WHO we fuck over, because they have no options. We own their asses." I mean DRM, hardware requirements, WGA, locking out the security vendors, the price, etc. All of that points to "we are not worried about anyone".

      --
      Learning HOW to think is more important than learning WHAT to think.
    2. Re:They're very worried about the OSS community by Anonymous Coward · · Score: 0

      > All of that points to "we are not worried about anyone".

      AKA: Corporate arrogance, see also failure.

  70. This is really scary to me by andrewmmc · · Score: 1

    If this isn't monopolistic activity, clearly the intention is to get everyone using their own 'rubber stamped' version of Linux. I would love to get hold of the actual deal paperwork to see what's in it for them. Seems to me their objectives will be that they now have a hold in the Linux market and can compete for Linux business while protecting their own systems. Currently they can't really sue people for IP if they use Linux because the migration problems would be too horrible - but now they can just bully people into using their version - and start getting cash from non MS people too. Perhaps this also means they're going to break interoperability with Vista/Linux?

  71. Royalty free copies? by Anonymous Coward · · Score: 0

    I think the GPL doesn't require the copies to be royalty-free.

  72. Interesting strategy... by gwayne · · Score: 1

    Divide the Linux market, make half more proprietary and build it up as supported, indemnified, etc., then spew FUD about all the troubles you'll have with the other half. As your market share increases and the other dwindles, start offering migration incentives to move to Windows, and tada...no more mainstream Linux.

  73. saying a lot more .. by rs232 · · Score: 1

    "now only Novell's SUSE Linux customers are the only Linux vendors that have any assurance that Microsoft won't sue for patent infringement", Steve Ballmer

    "this whole "Microsoft is the next SCO" is bullshit. The only possible patent infringement going on is in the Microsoft compatibility stack of Mono", Stalyn

    "We won't be licensing patents at all but what we will do is grant a covenant to them. There is no language where a license is given", Bill Hilf

    But in some sence you are claiming IP rights to Open Source and GPL code.

    "It does separate the open source developer who's doing it for a love of technology from those who are getting paid for it .. admitting he did not know the implications for Linus Torvalds,", Bill Hilf

    So when are you going to sue Linus Torvalds for violating MS IP rights. Since when did you get to define what are or are not legitimate Open Source developers. And what has the Novell/MS deal got to do with any third party developers who never signed up to it.

    was Re:FUD

    --
    davecb5620@gmail.com
  74. Different tiers than the article envisions by janolder · · Score: 1
    There may be a division, but not along the lines the article seems to envision. The break will be along international borders.

    Keep in mind that software patents hold little sway over the rest of the world. Taxing Linux in the US will just push Linux development and perhaps use abroad. It will also ensure that fewer countries will be willing to adopt software patents. This could be could news for the ongoing battle in the EU.

  75. New Name for SUSE = MSUSE by clarke.hackworth · · Score: 1

    Should we call it MSUSE now?

    1. Re:New Name for SUSE = MSUSE by heroofhyr · · Score: 1
      Should we call it MSUSE now?
      How about MiSuSE instead? It sort of implies what the solution is to Microsoft's IP.
      --
      brandelf: invalid ELF type 'KEEBLER'
    2. Re:New Name for SUSE = MSUSE by Coeurderoy · · Score: 1

      No it will be Soze now for Keyser Soze, after all the usual suspects acted ?.

    3. Re:New Name for SUSE = MSUSE by Anonymous Coward · · Score: 0

      Nope. It's M$use

    4. Re:New Name for SUSE = MSUSE by Anonymous Coward · · Score: 0

      Or else MSUES?

  76. Re:MS Office for Linux! by maxwell+demon · · Score: 1

    Crossover!

    --
    The Tao of math: The numbers you can count are not the real numbers.
  77. The Real Plan by metalligoth · · Score: 1
    Office on Linux. SuSE Linux, and no other.

    Of course, after SuSE becomes the de facto Linux standard, all that remains for them is to find some way to kill off Novell.

  78. Re:Embrace Today, Tomorrow? by mpapet · · Score: 1

    Microsoft is basically saying "If you want to run your ASP.NET app with open source software then Novell is your only choice"

    The first step is Embracing. Which they've done with the intention of starving every distro but SUSE's AND destroy the LAMP stack at the same time.

    Next comes Extending which will look and sound great to just about everyone including the DOJ who stopped paying attention 6 years ago. AND the LAMP stack becomes less impressive because MS has a foothold to smash the stack apart with.

    The final step is Extinguish. Which they've made easy because they've narrowed Linux popularity to SUSE and litigate the remaining distros making any money into bankruptcy.

    What is more depressing is that allowing the monopoly to continue, it affects sysadmins like me who don't want to be dependent on a single platform for my job and economic welfare.

    After over a decade of this behavior from MS, I am astounded you can't see the obvious. I'm equally astounded this comment was modded insightful. (sigh...)

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
  79. Not licensing: "covenant" by Tony · · Score: 1

    I see all this talk about Novell Licensing and non-Suse distros getting in trouble. What exactly does Linux need to license from MS? Could someone enlighten me?

    Microsoft and Novell are entering into a "covenant" not to sue each other over patent infringement. This is important, as it implies many things:

    First, it's a one-time cost. They won't have to pay a per-license cost for software. Microsoft is going to infuse Novell with quite a bit of money to become their new SCO.

    Second, the wording of the GPL doesn't allow patent "licensing." If a patent license is required, then the software cannot be distributed under the GPL. Since this is a covenant, and not a license, perhaps this deal does not invoke that clause. This is the scariest aspect.

    What Microsoft has done is to say that people who purchase licensed copies of Suse will not be sued. However, if you purchase from other companies (Red Hat), you may be sued.

    They don't mention which patents, or anything else. This is very much like the SCO case, only with patents instead of copyright. Novell has signed up to be Microsoft's bitch on this, and buffers Microsoft from the SCO effect.

    If history is any indication, and if there is a God, Novell will find out what it's like to be in SCO's shoes.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:Not licensing: "covenant" by The+Cisco+Kid · · Score: 1

      If patented code cannot be licensed/distributed under the GPL, than Novell cannot include that code as part of any 'Linux' they offer. Basically, anything Novell puts in Linux, must be done under the GPL, if they then distribute it to anyone else. And if they distribute it under the GPL, than anyone they distribute it to MUST get all the same rights they did. Granted there really isnt any such thing as a 'right not to be sued' in the US, since anyone can sue anybody for anything.

      It might be appropriate for the linux kernel folk to consider wether they ought to accept patches/submissions from Novell or anyone that works there anymore.

  80. Actually, Novell IS paying royalties by Anonymous Coward · · Score: 1, Insightful

    Novell IS paying royalties, but on their support contracts. Obviously, none of the lawyers involved were born yesterday, and rightly or wrongly, they think the current strategy keeps them from running afoul of the GPL provision on patent protections. I would imagine that the main point is that the royalty is on the service contracts, rather than the Linux distributions themselves.

    1. Re:Actually, Novell IS paying royalties by houghi · · Score: 1

      Mod this one up. That is exactly what is happening.

      --
      Don't fight for your country, if your country does not fight for you.
  81. Divisive by beemishboy · · Score: 1

    The linux and open source community needs to stay together. Microsoft is very effective with their divide and conquer strategy. They did that with Java by breaking their contract with Sun and settling later. That postponed momentum in the desktop Java app market. They seem to be trying to gain face with the open source community and trying to divide the *community* itself. I like the tagging of *itsatrap* for many of the Microsoft stories because I think it's pretty much always appropriate. They are a company not known for transparency (ahem playsforsure) and plenty of underhanded tactics. I don't know what Novell was thinking honestly.

  82. TNG quote by milatchi · · Score: 0

    They invade our space, and we fall back. They assimilate entire worlds, and we fall back. Not again! The line must be drawn here! This far, no farther!

    --
    Slashdot = -1 Redundant, Asperger, kdawson FUD, Libertarian, and Linux
  83. Will the GPLv3 be on time? by quintesse · · Score: 1

    Who was it that said (paraphrased) that the GPLv3 was a solution looking for a problem? Looks like dear Mr. Stallman was right yet again, we need all the protection we can get against sharks like Microsoft.

  84. Embrace and Extend by 0x0000 · · Score: 1

    I can't believe I've read two news articles, on editorial, and [scanned] an entire page /. comments about of about this and have not found the phrase "embrace and extend" - i seem to remember something about EnE being a "core Microsoft corporate strategey" ? Isn't this purported "support" for Open Source / Linux etc just the "Embrace" part of "Embrace and extend"?

    Besides, ya gotta know this is BULLSHIT 'cause I haven't seen GNU mentioned anywhere in the any of this.... hello?

    --
    "The Internet is made of cats."
  85. Where in the GPL? by rdwulfe · · Score: 1

    Where in the GPL does it state that anything distributed under a GPLv2 License immediately virally takes over another piece of software when it's distributed on the same media? Many people here seem to be assuming that if two bits of software are in the same Distro, they immediately are covered by the GPL? From my knowledge this is not true. Am I wrong? Wulfe

  86. They're restraining, not pushing. by Kadin2048 · · Score: 4, Insightful

    better/faster than any other company in the world

    Can they really be said to be "better" or "faster" when they actively discourage other people with potentially superior products from competing with them based on technical merits?

    Seems to me that almost every area where Microsoft is dominant and not faced with external competition has stagnated. Look at what happened to the browser between the demise of Navigator and the rise of Firefox: basically nothing (well, except viruses and trojans; it was a great time to be a malware writer).

    They are a huge brake on what ought to be an accelerating, ever-changing industry. The outcome that Microsoft would really like -- one platform, under EULA, with per-seat licensing and DRM for all, Amen -- would be nothing less than a dark age for information technology.

    Microsoft only looks like a good thing when it's compared to nothing at all; if you compare it to what might exist in the absence of such a distorting influence, they've caused nothing but harm.

    Microsoft didn't 'bring computers to business;' businesses would have bought computers in the absence of Microsoft; the advantages are just too great to be ignored. What Microsoft did, was effectively eliminate any choice that businesses might have had in the OS and software they wanted to buy and run, in order to be inter-operable. They injected themselves into computing and ended up in a place where they could become one of the "costs of doing business," applicable to everyone, everywhere. You aren't just paying the Microsoft Tax when you buy a new PC, you're paying it all the time, everywhere, because everyone uses their stuff. You're paying for it in the cost of your food, your electronics, your entertainment, and even your taxes, because not even our government can live without MS.

    Microsoft is a plague, a parasite, that has so thoroughly infested the business world that it's basically impossible to remove. But just because it's too close to our vital bits to get rid of it now, shouldn't prohibit us from considering the nature of the infection and realizing that there could have been -- indeed, was -- a multitude of other ways that things could have gone.

    Microsoft didn't "push technology all over the globe," people in all corners of the globe pulled that technology to themselves; they bought and paid for it because of the benefits it offered, despite the necessity of paying for Microsoft software in order to get anything done. Microsoft didn't create those markets, or those benefits; they would have existed anyway, because the technology really is that good. It's not good because of Microsoft -- MS didn't invent email, or CRM systems, or word processing, or spreadsheets -- and there's little that Microsoft offers that wouldn't be offered by somebody else in their stead. (Even the 'lingua franca' that Microsoft provides to the world could be easily replaced by a variety of open standards, because such a standard would be mutually beneficial in the absence of a standard piece of software.) It's good despite Microsoft.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:They're restraining, not pushing. by mrchaotica · · Score: 1

      Thank you! I've tried to say that kind of thing before, but your delivery was infinitely better. Keep it up!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:They're restraining, not pushing. by dan_bethe · · Score: 1

      Well said. The only thing I'd improve on is to eliminate the implication that an alternative didn't exist and that competition was only a potential factor. Competition has always been flawed or wrongheaded and often equally proprietary, but has always been highly prolific and murdered in its sleep. Until the advent of the GPL.

    3. Re:They're restraining, not pushing. by suggsjc · · Score: 1
      Guess we know which side of the fence you are on...haha

      I like playing the role of devils advocate, so here goes.

      Can they really be said to be "better" or "faster"

      Ok, then name one company that can push technology better/fast than them? Don't use the "their technology sucks" or "their just pushing evil" rebuttal. Please, just name one company that does it better than them.

      The outcome that Microsoft would really like -- one platform, under EULA, with per-seat licensing and DRM for all, Amen

      Obviously, I think that would be the outcome just about *any* software corporation would want if they were actually able to achieve it. Ok, there are some companies that may have differing objectives. However, given the choice that IS the route that would be preferred. You may not personally agree and find that an atrocity. If that is true, then you are *probably* not a corporate officer that is trying to maximize your businesses profits. If you aren't trying to maximize your businesses profits, then you aren't going to make it very far in the corporate world. That said I do believe that open standards are a good thing and that you don't have to use those business practices to succeed. But again, if you were given the choice what you would really want?

      if you compare it to what might exist in the absence of such a distorting influence

      You are exactly right. We also might have world peace, with North Korea realizing that democracy is a better form of government if Bush wasn't president. It is really easy to make blanket statements without any way of determining the outcome otherwise. Great little FUD statement.

      Microsoft didn't 'bring computers to business;' businesses would have bought computers in the absence of Microsoft

      Man, you are on fire. If Henry Ford hadn't made horseless carriages mainstream, then yes we probably would have eventually still progressed to having cars and trucks like we do today? But using your thought process it is more like the popularity of ground transportation is the biggest setback in flying cars and teleportation. Microsoft has enabled business to use desktop computing whether or not you are too biased to see that. Now, whether or not they have done it in a manner that has realized the greatest benefit for the consumer/world at large is a completely different argument that your points are more valid in.

      people in all corners of the globe pulled that technology to themselves; they bought and paid for it because of the benefits it offered

      You sir are...correct. Hopefully people evaluate what is going to be the *best* decision for their company and act appropriately. The benefits that the software did offer hopefully outweighed the pricetag. The rest of your statements were a lot more FUD and bias.

      MS didn't invent email, or CRM systems, or word processing, or spreadsheets -- and there's little that Microsoft offers that wouldn't be offered by somebody else in their stead

      Again, right on the money. However, they do offer products that people find useful/desire. They have done it through having acceptable technology but better marketing. I'm sorry if Linux/whatever doesn't have the ability/desire/whatever to compete on the marking front. There are obviously much better products being offered. However, hoping that technology will sell itself is little more than a dream, so just deal with reality and we'll be a lot better off.

      Being an open-source bigot is just as bad as being a patent everything/proprietary bigot. You obviously have a closed mindset about technology. You are on a board where most people tend to agree with you and feel justified in your thoughts because people here agree with you. I prefer open standards to proprietary ones. However, there are cases for both and I understan

      --
      When I have a kid, I want to put him in one of those strollers for twins and then run around the mall looking frantic.
    4. Re:They're restraining, not pushing. by db32 · · Score: 1

      I would say IBM or Intel probably qualify. IBM has been around much longer and is still going strong, and love em or hate em (both IBM and MS), I think IBM has a much much more solid future. MS has been terribly inflationary and that is why a real alternative product is a huge threat to them. They would have to compete on price and technical merit rather than strong arm tactics and marketing fluff n FUD. IBM invented FUD and eventually had to abandon it because it just doesn't make for a sustainable business. Intel pretty much owns the processor market. Sure there are a handfull of other players in different markets, but for server, laptop, workstation, and many more Intel pretty much is it. Even Apple switched. Now there is AMD, and they were some fast paced innovators for a while, but they developed their chips based on the Intel standard.

      That having been said, your Henry Ford comment is a little lopsided. MS is no Ford...at all. They don't even compare, they pretty much stole all their initial ideas and products from others. Did we forget the story of DOS, or maybe the Apple vs MS debacle. Lets not forget that Xerox and friends had more in the creation of the GUI than MS did. Ford found a way to mass produce something and make it common and affordable, MS found a way to market proprietary goods at a premium price. More like the japanese car manufactures, except without the associated quality.

      Microsoft didn't enable business to do anything except for IBM to sell more machines than Apple, and once again that is more of a score for IBM than it is for MS. If the IBM PC wasn't so much cheaper than the Apple then guess who wouldn't be selling much.

      MS isn't exactly evil, but they don't do anything good by design, its pretty much been a side effect, accident, or just default outcome because they crushed, bought out, or stole from anyone else who could have done better. They aren't innovators, they are marketeers and software bundlers, and are very very popular with the PHBs because obviously nothing cheap or free can be worth anything.

      --
      The only change I can believe in is what I find in my couch cushions.
  87. Novell loses, MSFT wins by jbernardo · · Score: 1

    For me, Novell had already shot themselves in the foot big time when they kicked out all the SuSE developpers and testers and let Ximian run the linux side of the business. Their first decision to make gnome the default desktop instead of kde removed at once one of the main advantages of SuSE. This "agreement" with Microsoft, receiving money in exchange for legitimating software patents, is just another nail in the coffin. Of course for MS it is a huge victory - now they have defanged some of the oposition to software patents in europe, and their commissioners will be presenting another version of the software patents bill soon.

  88. Nope, Novell just blew their feet off. by Colin+Smith · · Score: 1

    Why would you choose Linux over any other unix? It's primary benefit is licensing and cost. A benefit you now clearly lose by choosing SuSE.

    --
    Deleted
  89. Chucking Tux.... by vwjeff · · Score: 1

    I just had a mental image of Ballmer throwing Tux across the room and screaming. Scary. I need help.

  90. What I really want by Orion+Blastar · · Score: 1

    is Microsoft sharing Visual Studio.Net source code with Novel to make a better version of Mono. Maybe they can add in .Net 3.0 framework features? Sharpdevelop and Monodevelop are good IDEs, but could be enhanced with help from Microsoft.

    Linux would then gain good development tools to get Windows developers to start developing for Linux using the same languages they use for Windows. If Microsoft does not do that, it could shut out a lot of Windows developers who don't want to learn a new language and want the same IDE and language that they use in Windows.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  91. all about PHBs... by Anonymous Coward · · Score: 0

    folks, this *is* fud in the purest msft form.

    they are trying to scare off the phbs from trying linux so they they developd this plan to put uncertainty in the market.

    yes, they are leveraging their monopoly in order to try and gainsome control over linux, just like they always leverage their monopoly.

    they threaten to sue repeatedly, BUT THEY NEVER DO SUE.

    vista is coming out and msft is hearing the, "vista is suxxors, i think i'll finally try linux" and the behemoth is worried. once linux gets "out of the box," and gets momentum, msft knows the trend will continue. they will first lose the ability to bully the marketplace and then their relative sales will drop.

    it is the mcsft way - and the PHBs are typically a bunch of ninnies who fall in line like a bunch of schoolgirls.

    what i don't understand is how suse would dance with this devil, as it were.

    either suse was on the ropes or their managaement team had no clue. didn't the founders of suse leave novell in disgust a year ago?

    i think we all see why now.

  92. The bottom line... by Anonymous Coward · · Score: 0

    Novell has joined forces with the Evil Empire.

    Bye Bye Novell...

  93. 2 cd's? by Anonymous Coward · · Score: 0

    I can see MS working around this GPL issue with selling GPL code by includeing two cd's with it's distro. One CD containing all the GPLed packages which they would provide free (through website, mail in order, ect...) And then have a 2ed cd with their prioity MS-EULA packages on it. What they would be selling would be the software code on the 2ed CD and the first cd would be included for *free* in the box you get.

  94. Time to make an MS Prior Art Wiki? by Anonymous Coward · · Score: 0

    Seems to me the best way to turn this on it's head is for people to document any prior art for all of the Microsoft patents on a public Wiki.
    That way if/when MS decide to take someone on with a lame patent, the legal ammunition is already in place.
    Anyone up to sacrifice themselves by creating the itemized list of "Microsoft Patents with Prior Art" page on wikipedia.org?
    That would be a real test of wikipedia..
    If it got big enough, (i.e. assuming lots of prior art) it could impact their share price, without anyone ever having to go to court.

  95. Novell is in Violation of the GPL already by Lost+Penguin · · Score: 1

    Break out pop-corn now:
    Novell cannot add restrictions to the GPL, anymore than SCO could.
    Linux will literally "Live Free or Die"; Novell (or Microsoft) cannot add a Troll tax.
    Killing Linux will only kill whatever code is found to violate "whatever";
    The "whatever" will be re-written very fast, to not violate the whatever.

    PS: Beware the Bane of the Gates

    For those that are GPL challenged:
    http://www.fsf.org/licensing/licenses/gpl.txt

        4. You may not copy, modify, sublicense, or distribute the Program
    except as expressly provided under this License. Any attempt
    otherwise to copy, modify, sublicense or distribute the Program is
    void, and will automatically terminate your rights under this License.
    However, parties who have received copies, or rights, from you under
    this License will not have their licenses terminated so long as such
    parties remain in full compliance.

        5. You are not required to accept this License, since you have not
    signed it. However, nothing else grants you permission to modify or
    distribute the Program or its derivative works. These actions are
    prohibited by law if you do not accept this License. Therefore, by
    modifying or distributing the Program (or any work based on the
    Program), you indicate your acceptance of this License to do so, and
    all its terms and conditions for copying, distributing or modifying
    the Program or works based on it.

        6. Each time you redistribute the Program (or any work based on the
    Program), the recipient automatically receives a license from the
    original licensor to copy, distribute or modify the Program subject to
    these terms and conditions. You may not impose any further
    restrictions on the recipients' exercise of the rights granted herein.
    You are not responsible for enforcing compliance by third parties to
    this License.

        7. If, as a consequence of a court judgment or allegation of patent
    infringement or for any other reason (not limited to patent issues),
    conditions are imposed on you (whether by court order, agreement or
    otherwise) that contradict the conditions of this License, they do not
    excuse you from the conditions of this License. If you cannot
    distribute so as to satisfy simultaneously your obligations under this
    License and any other pertinent obligations, then as a consequence you
    may not distribute the Program at all. For example, if a patent
    license would not permit royalty-free redistribution of the Program by
    all those who receive copies directly or indirectly through you, then
    the only way you could satisfy both it and this License would be to
    refrain entirely from distribution of the Program.

    --
    I am the unwilling control for my Origin.
  96. Anything to do with Mono? by mythz · · Score: 1

    Does anyone think that this is a 2 pronged attack of endorsing Mono under the cover of attacking Linux?

  97. Again more FUD by houghi · · Score: 1

    http://lists.opensuse.org/archive/opensuse-project /2006-11/msg00013.html

    very interesting answers on some of the questions that came up.

    It is great to see that most of the FUD comes from within the OSS community. :-(

    --
    Don't fight for your country, if your country does not fight for you.
  98. An idea to subvert the giant (M$) by HikingStick · · Score: 1
    While Microsoft announced that it would not assert its patents against individual open source developers, the company's general counsel, Brad Smith qualified that offer. "These are individuals who are creating code, contributing code, they're not being paid for that code. They're not creating it as part of their job," he said.
    So, if they only will go after developers who are being employed to code Linux ("as part of their job"), then we need to see companies drop their supported Linux coders off the payroll, and start awarding grants to coders who choose to pursue their own coding projects for Linux. Under that model, the coders could still survive financially, but it would isolate them from the surmised "corporate influence" that M$ must use as a presumption for it's selective IP policy.

    Even better would be the establishment of a non-profit foundation (call it something like the Linux/OpenSource Innovative Freedom Experiment, or LIFE) that would accept donations from all corporate and individual donors who wish to support Linux/OpenSouce community. They would have oversight over the funds and the distribution of the grants.
    --
    I use irony whenever I can, but my shirts are still wrinkled...
  99. someone needs to look at recent code commits by Anonymous Coward · · Score: 0

    I am not a coder, and can't do it, but someone needs to go back and look at recent "oss" code commits from any novell or suse devs (sorry guys, it has to be said, no offense, but it's an obvious angle). Look for potential poison code that might reflect on MS patents. I don't know if there are any automated tools to do this, but the sooner the better. I don't know how far back to look either, but one would think at least a year.

    This whole deal wasn't cooked up in one weekend of golf and bridge games, and they wouldn't have gone public until the "gotchas" were in place.

    This really looks just like a sting operation, common with police forces and spies. I can't say it is, but I suspect it is.

    It is just wrong, it is too cute, too much stench of collusion going way back now.

    I think N and company knew they were never going to make much money with suse, so they took the easy way out, took the blood money payoff.

    Dangerous times for FLOSS. Europe, Asia, Africa, South America-all really starting to look seriously at the alternatives to MS now that "IP" is such a hot potato button with things like WTO inclusion, etc. Take just a bit of a long view and what do you see? MS products being treated like what they are worth-a dollar or two, and that's it. MS analysts know this and also know that business can change radically in a rather short time frame once who large companies and governments start dropping them. So, they have always had the "samson option", throw a few billion at lobbying, lawsuits, "speaking fees" and what have you. They can LOSE 50 lawsuits in a row and still bankrupt a lot of companies and individuals, and come out with the same amount of money they started with. And that is just what they can do above board, sub rosa..well, the global capitalists have a saying "money has no conscious".

    Feeling lucky with that as the moral and ethical viewpoint you are facing, propped up with 40 billion in cash?

    I wouldn't be.

  100. huh??? by bfischer · · Score: 1

    Rob writes writes to mention a Computer Business Review article about the recent Microsoft/Novell Linux deal.

    Are we sure we don't another instance of the word "writes" somewhere else in that first sentence of the article summary?

  101. Microsoft Will Not Sue Anybody. by arthurpaliden · · Score: 1

    Microsoft will never sue any Linux user or Linux distribution. They can't afford to, because as soon as they do they will, eventually, have to specify exactly what patents are being infringed and where the infringing code is. At which point the entire Open Source community will start looking for prior art to invalidate those patents in the same manner as they researched and debunked SCO's copyright claims against the Linux operating system. However, should any of these patents be found to be contained in a Linux distribution the community will rewrite the offending code to remove the patented material. The result being that in short order the contents of a Linux distribution will become patent free and once this happens Microsoft will no longer be able to hold this threat over any Linux user's or Linux distribution's head.

  102. Vista retain the desktop title? by Mariner28 · · Score: 1

    Actually, I'd bet that Ubuntu has a higher desktop share than Vista does, as Vista hasn't been released yet :-)

    I think you mean "when the desktop title passes from XP to Vista", which probably won't happen until 2009 or later. XP will be the desktop champ for some time...

    --
    "A little misunderstanding? Galileo and the Pope had a little misunderstanding."
  103. a "license" by any other name by Anonymous Coward · · Score: 0

    > Since this is a covenant, and not a license, perhaps this deal does not invoke that clause.

    A patent license is by definition, an agreement not to sue for infringement. As such, Novells customers are either licensed to make use of MS patents or still facing the possibility of a lawsuit. The manner in which the licensing is performed does not remove Novells legal obligations re. the GPL.

  104. But wait - there's more! by Mariner28 · · Score: 1
    "Right now, somewhere in Redmond, a Microsoft programmer is infringing on IBM patents."

    Remember - there's a big difference between patents and copyright. With copyright, the copyright holder can sue a distributor for infringing on his copyrights. IBM -> Microsoft. But in patent law, the patent holder can go after anyone who USES a patent-infringing product. IBM -> Microsoft's customers.

    Of course, IBM and MS have cross-licensed parts of their patent portfolios. But even so, IBM could threaten some of Microsoft's largest customers (who probably also happen to be IBM customers).

    I think all this talk about the patent wars beginning is at this point premature. Right now it's just a little test exchange of conventional weapons across the DMZ. Detente' may be a bit frazzled around the edges, but MAD has yet to begin. In the meantime, the tech world just got a whole lot more interesting.

    --
    "A little misunderstanding? Galileo and the Pope had a little misunderstanding."
  105. Why are we listening to this? by jskline · · Score: 1

    Alright... Why are we all here listening to this rhetoric coming from a buffoon that has absolutely no credibility with anyone anymore. This is the same person who also calls all of us that own an iPod and spend money at Apple's iTunes store,... music thieves! Come one people!

    I will stick with the Linux builds that I am using and accustomed to and no spew from the gums of Balmer will make me change to anything they have. Period. Microsoft lost all credibility with me years ago when I watched some of their henchmen come in and ruin a friends business because he wanted to start selling Linux and Apple computers.

    --
    All content in this message is copyright (c) 2008. All rights reserved. RIAA is prohibited here.
  106. What about... by jalet · · Score: 1

    What about the deal being proposed to Novell by MS to ensure that Novell won't digg too deep into the fiaSCO ?

    How could Novell find this a benefit I don't know though...

    --
    Votez ecolo : Chiez dans l'urne !
  107. With apologies to Paddy Chayevsky by ClosedSource · · Score: 1

    Why is the idea that Gates was, indeed, a programmer so hard to believe? They had a tiny company at the start. There was no reason to have anyone in the company standing around doing nothing and taking all the credit.

    Bill Gates was a programmer just like most Slasdotters, but he is far richer than any of the rest of us will ever be.

    Try this:

    You've gotta say "I'm' a human being, goddammit! My life has value! Just as much as Bill Gates!"

    So, I want you to get up now. I want all of you to get up out of your chairs. I want you to get up right now and go to the window, open it, and stick your head out and yell, "I'm mad as hell at Bill Gates and MS, and I'm not going to take this anymore!!"

    Feel better? Now let's get over the denial and move on.

  108. What about another community - the US Government? by Mariner28 · · Score: 1

    The DoD has lot's of money invested in Red Hat Linux - it's much more popular in the DoD than SuSE is. Perhaps since both have EAL-4 certifications in the works or on tap, we'll see a balance between the two, but for now, RH has the edge...

    --
    "A little misunderstanding? Galileo and the Pope had a little misunderstanding."
  109. Is this a bad thing? by PenguinX · · Score: 1

    The first question that comes to mind when considering Microsoft is "alright, is this a bad thing?" and in short I'm not convinced that it is. As far as a commercial product, the Linux market is pretty flat. Regardless of which distributor you choose I always see the same sort of service and support for the product. I think this is seen the most in the medium-sized enterprise, where having a fleet of specialists is less realistic and thus the business needs to hire generalists, which in turn falls-back on vendor support when they need to do something outside of their subject matter. What the distributor will almost always do in turn is provides mediocre support by deferring to a developer or community website. Which is normally unusually difficult for a non-developer or administrator to be effective with because administrators and 'operations centric' guys definitely speak a different language then developers do.

    If Microsoft and Novell think they can change this, and allow for some basic Linux / Windows inter-operation, I say go for it. I doubt this will affect the kernel or base distribution so much that it's unrecognizable. Mostly because I expect Windows will have to change just as much as Linux does and so any changes will be glacial in coming, if they actually come at all. I would liken this to POSIX which, although it was standards oriented - it had a similarly expressed goal. At least from what I can tell, didn't change VMS or Windows NT all that much.

    At any rate... just my 2 cents worth.

  110. ever think about what good may come of this? by Anonymous Coward · · Score: 0

    While there is plenty of speculation about how things could go terribly wrong, theres a great potential here too. The idea here is that there will be better interoperability between suse and ms... What I hope is that it really polishes up mono and takes some of the guess work and reverse engineering out of some other projects. It would be nice to write to ntfs 100% stable amongst other things.

  111. But MSFT only owns 10% of the Linux patents by Anonymous Coward · · Score: 0

    In 2004 when the SCO fiasco was picking up speed, OSRM did a study and identified 283
    patents that Linux potentially infringed. OSRM said that a third of those were held
    by Linux friendly companies, and 10% owned by MSFT. Which means that many more patents
    are owned by companies other than MSFT ... and Steve Ballmer's covenant not to sue isn't
    worth anything w.r.t. to those other patents.

    So this just seems bad all around. Some people are ticked off at Novell for doing
    a deal with the devil. The risk of and end-user of Linux being sued for patent
    infringement only changed by some immeasurable epsilon value (since MSFT appears
    to have no stomach for the probable retaliation that would ensue if they did sue
    anyone, the patent trolls are the only real risk factor ... and this agreement didn't
    change things at all ... they are just waiting for someone to get rich enough to be
    worth shaking down).

  112. dominant platform by falconwolf · · Score: 1

    No Windows became popular because MS-DOS was already the dominant platform and Windows was just an extension of MS-DOS.

    Not quite, when MS released Window 3.x Apple's Mac had half of the market. Especially in education. Then there were other DOS version available such as DRDOS. MS started running into problems when they release 3.x which was installed on top of DOS. While it could theoretically work with other DOSes MS made it check to see if it was being stalled on MSDOS and if it wasn't it wouldn't install. That's not to say Apple didn't mess up, they did. Back when they had a good share of the educational market they offered an educational discount of about %50, but they lowered it. Now Apple's discount is less than %10. Of course you can get a better discount by joining the Apple Developer Connection.

    Falcon
    1. Re:dominant platform by drsmithy · · Score: 1

      Then there were other DOS version available such as DRDOS. MS started running into problems when they release 3.x which was installed on top of DOS. While it could theoretically work with other DOSes MS made it check to see if it was being stalled on MSDOS and if it wasn't it wouldn't install.

      No non-beta version of Windows 3.x did this. Additionally, the message was informational only - it didn't actually _stop_ anyone using Windows 3.x betas on DRDOS.

      Given that Windows 3.1 did a lot of runtime twiddling with DOS's internal's, checking to make sure that a _known_ version of DOS was present was hardly unreasonable. Many other pieces of software that similarly played fast and loose with documented interfaces (eg: high end games) also frequently had compatibility issues with non-Microsoft DOSes and/or were only supported on MS-DOS.

    2. Re:dominant platform by falconwolf · · Score: 1

      No non-beta version of Windows 3.x did this. Additionally, the message was informational only - it didn't actually _stop_ anyone using Windows 3.x betas on DRDOS.

      Given that Windows 3.1 did a lot of runtime twiddling with DOS's internal's, checking to make sure that a _known_ version of DOS was present was hardly unreasonable. Many other pieces of software that similarly played fast and loose with documented interfaces (eg: high end games) also frequently had compatibility issues with non-Microsoft DOSes and/or were only supported on MS-DOS

      Though I used mostly Macs back then, only using DOS/Win 3.x on the college's PCs used in programming classes, I knew a few people who bought and used PCs with DOS, and a couple had trouble trying to install 3.x on top of DRDOS. I seem recall one friend who got upset because he had to buy MSDOS though I don't recall what the others did. As far as compatibility issues, the only reason there should be any is because you want to require something like MSDOS. It shouldn't be any trouble to have the installer check to see is there are any dependencies missing and if so to have them installed. Though I haven't used them that's what I understand rmp, get-apt, and other installation managers do for Linux programs.

      Falcon
    3. Re:dominant platform by drsmithy · · Score: 1

      Though I used mostly Macs back then, only using DOS/Win 3.x on the college's PCs used in programming classes, I knew a few people who bought and used PCs with DOS, and a couple had trouble trying to install 3.x on top of DRDOS.

      Maybe they did, but it wasn't because of that problem.

      DRDOS was famous for it's "99%" compatibility with MSDOS - and I say this as someone who used it fairly extensively.

      As far as compatibility issues, the only reason there should be any is because you want to require something like MSDOS. It shouldn't be any trouble to have the installer check to see is there are any dependencies missing and if so to have them installed. Though I haven't used them that's what I understand rmp, get-apt, and other installation managers do for Linux programs.

      You misunderstand. This wasn't a matter of "is X file there". By 3.x, Windows was well on the way to being a standalone operating system and on startup, it would replace, pre-empt and in many other ways modify, the DOS it was running on to install its own memory manager, scheduler, hardware drivers, etc. It did much of this by modifying various runtime in-memory data structures and utilising various other horrible(/ingenious) hacks, most of which were undocumented and highly DOS-version-specific. Which is why testing for those specific versions of DOS and warning of possible incompatibilities was a reasonable thing to do.

      It is - very, very roughly - analagous to how even minor linux kernel revisions typically require kernel modules to be recompiled, because the various kernel internals they depend on change slightly between each release. OS X has also had this problem in the past, although I believe the kernel ABI has since been declared "stable".

      Windows wasn't the only thing doing this either - a significant amount of third party software depended on similar techniques and would also have "weird" compatibility problems with not-quite-100% compatible DOSes. Games, in particular, were big offenders in the early-mid '90s and the mess of extended/expanded memory and slightly different memory managers only exacerbated the problem.

    4. Re:dominant platform by jedidiah · · Score: 1

      You're on CRACK.

      Apple wasn't even close to having half the market in the early 90's.

      They were less dead than the Amiga and ST but they weren't doing that well.

      In those days a Mac could cost you more than a NEW PICKUP TRUCK.

      As far as "education" goes, you were more likely to see an Apple II outside of academia and sparc workstations (or PC's) inside of academia.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:dominant platform by falconwolf · · Score: 1

      Apple wasn't even close to having half the market in the early 90's.

      I suppose it depends on what market you're talking about. The bookstore at the college I attended ordered both Macs and PC for students and most students ordered Macs. Depending what what business a company was in they may use Macs, PCs, or both. Graphic artists only used Macs but other fields may use either/or. My sister who's a CPA worked for an accounting company that used both. Many of the local stores that sold computers sold as many Macs as PCs. As regards to the cost of Macs, with the educational discount Macs cost about the same as PCs. This was from the mid '80s to about '91.

      They were less dead than the Amiga and ST but they weren't doing that well.

      Compared to those that sold Macs and/or PCs there were only a couple of stores that sold Amigas. Actually Amigas were my fav computer then. By '91 an Amiga could be setup to not only run AmigaDOS but also MacOS and MS/PCDOS Third party businesses sold expansion boards that could be installed in Amigas to run them. The problem with Amigas was the company's marketting which sucked.

      As far as "education" goes, you were more likely to see an Apple II outside of academia and sparc workstations (or PC's) inside of academia.

      The college I attended had some PCs but more Macs and no Apple IIs or other computers. You could walk into the Mac lab and most if not all of the Macs were being used during the day, late morning to early afternoon. But the PC labs hardly had anybody using the PCs except during class. A couple of stores had Sparcs and one had SGIs.

      Falcon
  113. Linux .NET by Anonymous Coward · · Score: 0

    Have a nice day anyway.

  114. maximizing profits by falconwolf · · Score: 1

    If you aren't trying to maximize your businesses profits, then you aren't going to make it very far in the corporate world. That said I do believe that open standards are a good thing and that you don't have to use those business practices to succeed.

    A business can make it without focusing on maximizing profits. Take Whole Foods. The grocery chain sales organic food and helps the local communities it has stores in. A percentage of it's profits are donated to local causes, er organizations. Yet dispite this, or perhaps because of it, Whole Foods is one of the fastest growing grocery store chains there is.

    Falcon
  115. IBM buys REDHAT!!!! by Anonymous Coward · · Score: 0

    Made you look!

  116. A few quick responses. by Kadin2048 · · Score: 2, Insightful

    I'm just going to respond to a few things here, unfortunately I don't have the time to give you a more complete response to all your points; I think the majority of your criticisms were well-founded and there is certainly room for debate.

    Just as an aside, I'm not sure where you got the idea that I'm an open source 'bigot' or zealot. I don't think I mentioned open source at all in my original post. Although I do think that there is a big place for open source software, I wouldn't ever argue that it is the be-all and end-all, or that every piece of software must be open source. I prefer it, but there are reasons why a company selling software wouldn't want to open its code, and reasons why a buyer of software might not care whether it's open or not. That's not really relevant to this discussion at all; you can have competition and open standards with or without open source. I wasn't really taking sides in that issue.

    As to your first question, "Ok, then name one company that can push technology better/fast than [Microsoft]?" There's no way I can even respond to this, because it's a loaded question; I reject the premise of it. Microsoft, with a few very small exceptions, doesn't and hasn't "pushed" any technology. (The exceptions are mostly trivial things, like them pushing one programming language over another, etc.) I might potentially accede to a claim of them 'pushing' the deployment of the GUI on commodity hardware with Windows originally, but even then, it was something the market was ready for and they were just in the right position to provide it. It's easy -- but wrong -- to give them credit.

    This isn't exactly a criticism of Microsoft per se. Very few companies "push" technology; the great majority of them simply respond to consumer demand. Microsoft is definitely in this second camp. When they saw a market for web servers (as one trivial example), they produced a web server. They didn't "push" web servers, and giving them credit is silly; the demand existed, and the market hates a vacuum. If they hadn't produced IIS, it's ridiculous to think that there would be 30% (or whatever their marketshare is) fewer webservers in the world, those servers would just be running something else.

    So to answer your question, there are lots of companies that 'push' more technology than Microsoft. MS doesn't push, it gets pulled; its M.O. is to wait and watch a budding market, and then insert itself and capture the business. They "push" the market in the same way that a surfer 'pushes' a wave -- they're not driving it, they're riding on it.

    Sometimes it seems as though MS is 'pushing' something, but it's rarely anything productive: they obviously pushed Windows 95, and are pushing Vista, by pulling support for older products and thereby forcing users to upgrade. But neither of these products represented great steps forward in technological development, nor did they respond to any new desires or really give any innovative solutions to existing problems. They were at most an incremental step forward, and came at great cost. Causing a lot of needless hardware replacement isn't a good thing -- at best it's a broken-window fallacy; forcing something to be "fixed" that wasn't broken, and thereby diverting resources that could have been spent elsewhere.

    In terms of its actual products, Microsoft's offerings are rarely superior at any one thing. They make a word processor, but not the best word processor (a lot of people liked Word Perfect, back before it became nearly impossible to use because everyone else was using Word). Similarly, Excel was a decent spreadsheet program, but Lotus 1-2-3 was arguably superior. Windows always was a mediocre desktop OS; for years, Apple was widely accepted as having the better UI. Windows NT is a passable server; BSD is and was arguably more secure. Etc. For almost any Microsoft product, you can find some offering that's better in that particular niche. A coworker once described Microsoft as the company of "good enough." They maintain themselves at

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  117. protecting patents by falconwolf · · Score: 1

    You can't support free SuSE RPM distribution websites because you risk carrying some IP protected code.

    The problem with this, er lack of problems for FOOS, is that if Novell/SuSE releases any IP protected code MS can't go after anyone else for using the code without going after Novell first. To maintain protection of patents the patent holder have to go after the first violater of the patent, the holder can't leave one violater alone then sue someone else that comes up later.

    Falcon
  118. Yeah, two tier allright... by Kazoo+the+Clown · · Score: 1

    1) the chickensh*ts

    and

    2) everybody else...

  119. wei we, er go by falconwolf · · Score: 1

    They say, however, that Bill Gates is an experienced Go player

    Gates is a wei we, er Japanese Go, player? I never heard of this before. Though it's been years since I've played it wei we is my fav board game, much better than chess.

    Falcon
  120. I dont need any favors from microsoft! by urbieta · · Score: 1

    I have ignored MS for a long time, NEVER in my life did I ever pay for a single MS license, nor will I thank you, Linux has solved my complete IT problems, as well as my customer's, and I have, also lost 1% of customers that preffer to pay for MS licenses instead of saving cash with linux through me, I can't win them all, but Id like to see MS lose it's fortune suing millions of people who do NOT want more BS from MS

  121. Why not just drop Mono? by L'homme+de+Fromage · · Score: 0

    Since Mono seems to be the main culprit in the possible patent infringement, why don't the other distros just drop Mono? That would seem to solve the problem. Honestly, I don't think very many people will miss it. I never really understood the reasons for including Mono (a clone of a Microsoft technology) in the first place.

  122. Blah... OUR mistake... by DaedalusHKX · · Score: 1

    WE WERE WINNING... while we were fighting them in geek format... our salvation will not come from the corporations, it never did... and it never will. Learn from BSD... everyone uses their code in some way shape or form, even M$... and yet nobody can take down BSD, neither Sun nor M$ have yet to hurt the BSD faithful, because the BSD faithful, unlike Linux faithful have been slugging it out with other camps, not among themselves, at least not nearly as violently as the Linux distro wars were on the flameboards. Call me crazy but I know I'm right.

    Instead of fighting these bastards on common ground, lets fight them where they can't beat us, small business and non corporate battlefields... guerillas can't win by joining regular slugfest armies, in the end the guerilla resistance becomes merely another division of the thug squad and loses the war, even if the first few battles are easily won.

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    " What luck for rulers that men do not think" - Adolf Hitler
  123. default desktop by falconwolf · · Score: 1

    Their first decision to make gnome the default desktop instead of kde removed at once one of the main advantages of SuSE.

    Could you explain why choosing gnome as the default desktop instead of kde harms Novell/SuSE?

    Falcon
    1. Re:default desktop by jbernardo · · Score: 1

      Besides taking away one of the differences from Red Hat? That is the main problem, the beauty that was the kde support in SuSE gave it a advantage, that Novell threw away just to please the Ximian developers. Also, there is the problem that the main technology in SuSE that might infringe MSFT patents is mono, and gnome is getting more and more based in mono. So, becoming another Red-Hat wannabe instead of a differentiated distribution hurts SuSE, at least in my view. After all, if they become similar and there is no distinguishing factor, why not choose the market leader?

  124. patent law by falconwolf · · Score: 1

    Microsoft has all kinds of SW patents in its portfolio. MS will sue all the other distros than Novell's for patent infringement, driving everyone to SuSE. Then it will pull the plug on Novell, exactly the way it did on NetWare, when MS folded all NetWare's features into Windows NT.

    From what I understand patent law doesn't work that way. If Novell releases patented IP and someone else uses it then MS has to go after Novell first. Patent law says a patent holder has to go after the first entity that violates the patent otherwise they can't go after someone who uses it after the first releases it.

    Falcon
    1. Re:patent law by Doc+Ruby · · Score: 1

      MS will grant Novell a "limited license" on its patents. And then sue the non-Novell distros.

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      make install -not war

  125. thing to remember about MAD by QuantumG · · Score: 1

    Bay of Pigs Invasion.

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    How we know is more important than what we know.
  126. brilliant by Tom · · Score: 1

    They've finally found a way to embrace and extend Linux.

    Yeah, I know. GPL, blabla, development will go on, blabla.

    Let's face it: If MS/Novell can drive Redhat out of business and/or split their version off from mainstream Linux with a big corporate following, then the free remainder of Linux will have the same relevance as *BSD.

    And they don't have to succeed over an extended period of time. Piledriving Linux in time for the next (post-Vista) Windos release so companies are forced over to that would work well enough to put Linux back 10 years.

    MS is playing for time, never forget that. Every week that passes is another $100 mio. or so in their pockets.

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    Assorted stuff I do sometimes: Lemuria.org
  127. AMEN, Kadin! by Anonymous Coward · · Score: 0

    That got it all said in one post.

  128. Anagrams rock. by CCFreak2K · · Score: 1

    You can't spell SUSE without SU US.

    --
    "Beware of he who would deny you access to information, for in his heart he dreams himself your master."
  129. The difference between this and war by PCM2 · · Score: 1
    IBM also has one of the largest patent portfolios ever assembled. Right now, somewhere in Redmond, a Microsoft programmer is infringing on IBM patents.

    The difference is that if IBM and Microsoft come to loggerheads over patents, they meet in a closed room, sign a patent cross-licensing agreement, and away they both go, free to continue to make money. There are probably numerous such agreements in effect between Microsoft and IBM right now. That doesn't really work with a community-based open source project, however, because who do you sign the agreement with?

    In this case, Microsoft picked something it could understand -- a commercial entity -- and signed an agreement with that. The agreement applies to Novell's customers and other people that enter into agreements with Novell (e.g. OpenSuse.org contributors) but nobody else. Microsoft is characterizing it as a revolutionary move, but I think a lot of people are not so sure about that.

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    Breakfast served all day!
    1. Re:The difference between this and war by spun · · Score: 1

      I'm one of the people who is not so sure about that. Actually, when it comes to Microsoft embracing Linux, I'm pretty sure it's not a friendly embrace.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  130. Remember this is on Election Day! by Anonymous Coward · · Score: 0
    One of the results of the corrupt Republican control of govenment is that crushing monopolies like Microsoft are allowed to run amok. This is just the latest example. When Bush was elected the Microsoft monopoly verdict was effecivly reversed. Their FUD, deception and lawbreaking have continued with no government intervention. The only countemeasures are others in the private sector, like IBM vs. SCO.

    The only way to stop this crap is if the Democrats regain control of the government and restore real capitalism. The Republicans have replaced capitalism with kleptocracy: http://en.wikipedia.org/wiki/Kleptocracy.

    They are looting the wealth of the US in both the public and private sector. The insane tax cuts have doubled the national debt, and all the benifits go to the top .001 percent of the country. Look at the Medicare perscription plan: by law, the government must buy drugs at FULL PRICE. Hell, if you buy in bulk at Costco you get a discount. How can the government pay the highest possible price when they are spending BILLIONS of DOLLARS?

    Look at all the no-bid contracts in Iraq. Hell look at all the outright fraud in Iraq. The Republican congress let US inspector general's office in Iraq close down last week. It was getting in the way of Halliburton's thieving.

    This has nothing to do with a free market. It's Republican hogs feeding at the trough. In the case of stealing from the military in Iraq, it's war profiteering. People went to jail during WWII for a lot less.

  131. FUCK YOU MICROSOFT by Anonymous Coward · · Score: 0

    Now that the wicked witch is dead in washington D.C. Maybe we can pursade our reps to activity persue the M$ Anti-trust that since dubya has only been pursued by eu.

    Microsoft sueing open source will be like Napolean in Russia - an endless expenditure.

  132. Re:Your sig by Z34107 · · Score: 0, Troll

    Slashdot sigs aren't long enough to provide the link to the correct platform. ^.^

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    DATABASE WOW WOW
  133. Oh the irony by Anonymous Coward · · Score: 0

    SUSE drops ReiserFS just about the same time Microsoft starts promoting SUSE.

    To think that Hans Reiser once tried filing an anti-trust suit against Microsoft on the grounds that they were preventing him from redistributing his file system.

  134. $240M of FUD and legal maneuvering by oohshiny · · Score: 1

    There are no patent "side deals" possible under the GPL. If there are any patents that a piece of GPL software is violating, then nobody can use that software anymore, regardless of who they got it from. And since it's pretty evident that any infringement would be at best unintentional and revenue loss would be difficult to establish, Microsoft can't get any damages from a lawsuit. So, if they assert a patent, then everybody would have to stop using whatever software they are talking about, and nobody would realistically have to pay--the deal is worthless.

    So, why are they doing it? Maybe Novell did actually have some patents they wanted. But perhaps, more importantly, by getting licensing deals for their patents they (1) show that the patents are valuable, which may help them assert them, and (2) they create FUD in the market.

  135. Bring it on Ballmer. by jotaeleemeese · · Score: 1

    The moment you let loose the patent lawyers we know Linux would have won.

    If there was any infringing code, it would be removed.

    If not we would get you off our backs.

    What sles can we wish for?

    And in many places, where the idiocy of software patents is not allowed, this is a non issue.

    Bring it on Ballmer.

    --
    IANAL but write like a drunk one.
  136. What's with this capital YOU stuff by ClosedSource · · Score: 1

    In case you somehow have assumed that I'm just a typical consumer, I actually attended the Windows NT launch video conference. So, yes, NT was sold to people very much like ME although I didn't actually program for it until 1996.