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Samba Team Urges Novell To Reconsider

hde226868 writes "The team responsible for Samba has just asked Novell to reconsider its recent patent agreement with Microsoft, arguing that the agreement is a divisive agreement, effectively splitting the open source movement into groups with and without commercial status. Samba argues that with this move Novell is disregarding the will of the people who write the software sold by Novell and that Novell has 'no right to make self servicing deals on behalf of others which run contrary to the goals and ideals of the Free Software community'."

472 comments

  1. whee by ir · · Score: 1, Interesting

    It's SCO all over again.

    --
    Irina Romanov
    1. Re:whee by Stumbles · · Score: 5, Interesting

      Sure does seem like it and frankly I have not been able to work my brain around the notion this agreement DOES NOT violate some aspect of GPLv2. And maybe, just maybe that's what Microsoft was REALLY after.... to get Novells right to distribute GPL code revoked. If that were to happen it seems to me it would put a big hurt on Novell. Microsoft is not known, nor has it been known NOT to stab a company in the back or setup a chain of events that in the long run damages or distroys it's competitor.

      --
      My karma is not a Chameleon.
    2. Re:whee by WindBourne · · Score: 5, Insightful

      Considering that MS, Novell, and SCO have been interwined for 20 + years, Yes. Keep in mind that Novell owned SCO at one time and sold it off to Caldera. Of course, Caldera was a start-up from who? Novell's own Ray Noorda. Now, I liked Ray, but the whole Novell, SCO, Caldera is an inbred world. The best thing that Novell could have done was kept the SUSE team together for diversity. But they dismantled the group. What is left now, is a group that is trying to figure out how to take over the number one spot from Redhat without regard to the long term impact of the linux world. These guys think very short term. Once they increase the value of the company, they will break it apart and sell it off. Remember what happened to SCO? Same thing.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:whee by killjoe · · Score: 1

      I don't think novell owned caldera, they owned unix for a while (maybe still do) but I don't think they ever owned SCO.

      I do agree with the whole inbred thing though. I guess that's what happens when you set up shop in a tiny community in utah.

      --
      evil is as evil does
    4. Re:whee by kimvette · · Score: 5, Informative

      (chronology and events altered slightly for creative license)

      Microsoft introduced Xenix, spun it off and begat Santa Cruz Organization -- The Old SCO(tm) and it was good; an affordable x86 Unix environment.

      Novell was a very proprietary company which improved their products v-e-r-y s-l-o-w-l-y ('80s through mid '90s) so SCO a group of engineers and execs left Novell and begat Caldera. Caldera bought DR-DOS after the Windows incompatibility fiasco (deliberate sabotage by Microsoft), declared that "OSes want to be free" and opened up their DOS source for all to see. Caldera begat Free DOS, and it was good.

      Novell saw their market declining due to interoperability problems introduced by Microsoft, and by utilities introduced by Microsoft which were promoted for use for bypassing Novell's per-seat restrictions. Novell examined their positions, saw that Unix had a strong future, so they bought the IP for Unix, assigned SCO as the license broker for Unix IP, and saw that it was good.

      Caldera looked upon the Free DOS and their gaining a decent following, and declared that open source looked promising, so they introduced a Linux distribution that was a bit ahead of its time. They looked upon their package management and update download-equipped open-source Linux operating system and saw that it was good.

      Santa Cruz Organization saw its Unix product's future shrinking, and even with their 5% comission on Unix licensing they could read the writing on the wall for their core product, so they sold the "SCO" name and Unix products and contracts to Caldera, and thought all was well. The New SCO renamed Caldera Linux to SCO OpenLinux and claimed that it was good, and all was well.

      Enter the serpent who goes by the name Darl McBride; a sneaky if not clever demon who felt that he could tempt investors to take a bite from his fruit of profit. He declared that Linux Stole SCO Code and thart SCO in fact owns the IP to all Unix-like OSes. In doing this the serpent indeed deceived them and got them to take a nibble with his declaration that Linux infringed upon his Unix IP and that all Linux users must pay him $699/processor/Linux box. Linux users grumbled to the Lord.

      The serpent bit AutoZone's and Daimler Chrysler's heels, took them to court, and the judge did stomp on the serpent's head, crushing it, and rendered its vemon harmless. Linux users rejoiced, singing "O where is SCO's sting?"

      Serpent McBride of SCO, relentless in his evil, pursued Lord Novell and Lord IBM into court. The courts did chuckle, but granted the serpent access to the throne. McBride shouted "I will own Linux! I will own Unix! Users will bow down to me and I will be like the most high Novell!"

      Linux users, seeing through the deception, grumbled to the Lord, and proclaimed "Woe unto SCO, for they are evil and their king Darl McBride shall surely perish." The Lord IBM and The Lord Novell heard their grumbling and took offense at SCOs actions. They dragged SCO back into court, presented their counterclaims, saw SCO's stock plummet, and it was good.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    5. Re:whee by irtza · · Score: 3, Insightful

      from my understanding, this shouldn't violate V2 of the GPL as it does not mention patents; however, I think there is a potential problem in it for Novell in that they will via the GPL be providing people with a license to indefinitly copy and distribute a program to which they via contract with MS have limited access to distribute. The question I have is what happens to Novel in five years when they've given everyone the right to redistribute the software under GPL 2? Providing a second contract for the patents would violate GPL 2 as that inherently would violate the clause preventing additional restrictions.

      As an alternative, Novel could provide compatibility plugins under a different license and do a hybrid distribution much as exists with commercial distributions on the market. In a business sense, this is very powerful as it would give novel the ability to gain traction and provide a much needed service - a linux environment with better windows compatibility. OVer the course of this five years, it could in theory strengthen the adoption of linux amongst the crowd that need windows compatibility for smooth day to day function. What happens in five years is that they will have linux systems in their environment that hopefully are deeply embedded enough that transitioning back to windows quickly would be a challenge. In such a setup, they will be more free to transition to an environment w/o windows present.

      I personally think this deal is not as big an issue as it is made out to be. What it does point out is the dangers of patent pacts to small businesses and independent inventors. I think that eliminating patent pacts as being anticompetitve is necessary to force competition. Of course this will just heighten the worries and abuse of the patent system, but maybe that abuse will force the big corps into supporting patent reform instead of using patent arseonals to smother the competition.

      Sadly to say IBMs response to SCO largely reflects their abuse of the patent system. SCO attacks and they respond with countersuits using their massive stockpile of patents. While in this case, sco may be deserving of annhiliation - the method used is still that of a bully.

      Attacking this deal is missing the target completely. Businesses will do what they need to to compete. Rules need to be changed to adapt to a changing environment. All this attention should be more strongly focused on patent reform and a stronger lobby needs to be made to see it happen.

      alright, done ranting... if you got this far, you can go about living your life as u were.

      --
      When all else fails, try.
    6. Re:whee by Bing+Tsher+E · · Score: 3, Interesting

      Microsoft owned SCO at one time. In fact, the Santa Cruz Office of Microsoft became SCO. I have a machine here in my collection with pre-SCO Microsoft Xenix installed and running on it. Microsoft in their pre-MS-DOS days developed the first port of UNIX to run on the Intel 8086 processor, called Xenix. When Billy decided he didn't want to do UNIX anymore, it was all split off to become SCO.

      SCO was an entity formed by Microsoft. It was once owned by Microsoft.

    7. Re:whee by X3J11 · · Score: 1
      Novell was a very proprietary company which improved their products v-e-r-y s-l-o-w-l-y ('80s through mid '90s) so SCO a group of engineers and execs left Novell and begat Caldera. Caldera bought DR-DOS after the Windows incompatibility fiasco (deliberate sabotage by Microsoft), declared that "OSes want to be free" and opened up their DOS source for all to see. Caldera begat Free DOS, and it was good.

      Caldera acquired "Novell DOS", after Novell bought Digital Research (and thus DR-DOS). Caldera begat OpenDOS. Pat Villani begat http://www.freedos.org/. Two separate implementations of a Microsoft DOS compatible operating system. And Caldera only opened up some of their DOS code (the kernel, basic drivers and command-line interpreter, if I recall correctly... I'd have to dig out my OpenDOS disc to be 100% certain).

      Caldera looked upon the Free DOS and their gaining a decent following, and declared that open source looked promising, so they introduced a Linux distribution that was a bit ahead of its time. They looked upon their package management and update download-equipped open-source Linux operating system and saw that it was good.

      In truth, Caldera hopped on the open source bandwagon, made great promises of giving the OS community a time-tested implementation of MS-DOS, then quietly faded into obscurity after releasing a little bit of code. I have their Linux distribution on disc somewhere here, too, but it didn't catch my eye well enough to make me want to switch from Slackware, so I don't really remember it as being anything special.

      What Wikipedia says about DR-DOS : http://en.wikipedia.org/wiki/DR-DOS.
      Turns out someone's still working on it, as well : http://www.drdosprojects.de/
      And finally, Wikipedia's entry on FreeDOS : http://en.wikipedia.org/wiki/Freedos.

    8. Re:whee by Mspangler · · Score: 2, Interesting

      "It's SCO all over again."

      I wonder if that is more true than we think?

      In 2002 SCO sold something Unix related to MS, and also something to Sun for a total of $24 million. In the MS case, this something was supposed to allow UNIX apps to run on Vista, at least on the professional version.

      Now, it has come out that SCO was NOT ALLOWED to sell Sys V technology to anyone without Novell's permission. But they did. Now, like buying a stolen car, MS won't be held liable for having the code in their possession, but they aren't allowed to use it either. So they would be out the money, and they would have to pull the code out of Vista a whole month before it's launch date. Disaster city.

      However, if they go to Novell, they can buy the code from the people who CAN sell it. Actually, Novell may have knocked on MS's door, as it took until last spring for Novell to pry the contract out of SCO detailing exactly what was sold to MS.

      So, Bill has to upchuck cash to keep Vista on track. And the rest of this is smoke and mirrors to cover Bill's butt, and to give Novell a marketing edge with the pointy-haired IT manager set.

      The payment to Novell worked out to $686 for each of the 350,000 SLES. Interestingly, SCO gets to keep 5% of the revenue from Sys V licenses. 5% of about $240 million is $12 million, right in the middle of SCOs 2002 technology sales revenue. So Novell just had MS cough up the other 95% they were due?

      It's currently my favorite conspiracy theory :-)

    9. Re:whee by Baloo+Ursidae · · Score: 1

      Novell never owned SCO, the real SCO changed it's name to Tarantella in 1999 and was purchased by Sun last year. Please keep your SCOs straight, only one of them is evil.

      --
      Help us build a better map!
    10. Re:whee by Anonymous Coward · · Score: 0

      You wrap MS, Novell, SCO, and Caldera all together, and refer to them as inbred.

      What is your opinion of Google? Didn't Google's CEO come from Novell? So now MS, Novell, SCO, and Google have been intertwined for 20+ years?

      Hey wait. IBM is tied in here too. They have partnered with MS, and are involved with Novell and SCO. So MS, Novell, SCO, Google, and IBM have been intertwined for 20+ years.

      Whoa. Wait a minute. What about ATT?

      Huh? What's that? Um... The original point? Uh... I forgot. I thought this was the Kevin Bacon game.

    11. Re:whee by cbdougla · · Score: 1

      Novell owned UNIX. They purchased it from Bell labs. They never owned SCO. They sold parts of UNIX and UnixWare to SCO. Caldera bought SCO and then renamed themselves SCO to capitalize on the name. SCO's other product, Tarentella, was spun off (split off whatever) into its own company which was eventually aquired by Sun. Yes. Ray Noorda established Canopy and Caldera after he was ousted from Novell. This was around the time he had Novell purchased UNIXWare, DR DOS and Wordperfect to leverage them in a failed attempt to compete with Microsoft. His ties to current Novell are nonexistant and while he did a good job in his earlier years at Novell, I wouldn't have considered him an asset towards the end.

  2. samba by msh104 · · Score: 4, Interesting

    just like the samba team, I don't think that this agreement with microsoft will bring good fruits. what I like about the open source movement is that it provides you with software that allow you to go to sleep at night without worry. the software that will result from this agreement will be everything except that.

    1. Re:samba by dvice_null · · Score: 2, Interesting

      Actually there is something we could get from this deal. We can now say that even Microsoft thinks that Linux is good, since it is spending a lot of money on it. We just need a huge marketing campaign and what evern evil plans Microsoft has, it will backfire them.

    2. Re:samba by Zonk+(troll) · · Score: 0, Informative

      And we need to organize and work to revoke software patents.

      --
      "The Federal Reserve is a fraudulent system."--Lew Rockwell
      End The FED. -
    3. Re:samba by Criton · · Score: 1

      I agree open source allows you to implement something with out loosing sleep over licensing worries security issues or the software becoming orphaned .
      The Novell and Microsoft agreement is nothing good.
      Also I hate what novell did to suse which once was a good distro.

    4. Re:samba by josephdrivein · · Score: 1

      I agree.
      Even if Microsoft is playing fair - which I doubt - as Linux is the most important alternative to Microsoft products, I'd like Linux-based companies to stay away of them, so that we have real competition. They should be aware that in the long term Microsoft's goal is to outsell Linux, by any means. Remember the "Get the facts" campaign?
      I would appreciate if Novell would invest more resources in making the open source software it sells better rather than teaming up with their direct competitors.

    5. Re:samba by cheater512 · · Score: 1

      No there is nothing we can get from the agreement.

      We already know that MS thinks that Linux is good because of the agreement.
      If Novell ditches the agreement now then MS takes a blow and we all know that they secretly have a crush on Tux.

  3. OBLIG: In other news by Durrok · · Score: 2, Insightful

    "Samba argues that with this move Novell is disregarding the will of the people who write the software sold by Novell and that Novell has 'no right to make self servicing deals on behalf of others which run contrary to the goals and ideals of the Free Software community'."

    In other news the sun is hot, water is wet, and... wait... yes, I taste spit in my mouth!

    Come on now, what part of Microsoft + Patent + Open Source is anywhere close to what "open" source should be?

    --
    I keep telling myself I'm not the desperate type.
  4. They have every right. by MarkByers · · Score: 5, Insightful

    'no right to make self servicing deals on behalf of others which run contrary to the goals and ideals of the Free Software community'

    Actually they have every right to do whatever they like as long as it is within the law. There is nothing specific in the GPL that says they cannot make a deal with Microsoft. The only thing that will stop companies from doing things like this, is if they lose customer support. If you don't like it, don't buy their products.

    --
    I'll probably be modded down for this...
    1. Re:They have every right. by LokiSnake · · Score: 0

      And look at how that is going these days. Microsoft is still thriving, while people are getting hyped about WinXP SP3.

    2. Re:They have every right. by peragrin · · Score: 4, Insightful

      The thing is now every code that comes out of Novell is now suspect. if Novell contributes code to Samaba the deal provides MSFT a recourse to attack Samba and use the Novell deal as the scape goat. Even if the code in question wasn't what Novell donated.

      It's not about it being against the GPL, it's provide MSFT with an excuse, and an attack point with which to target open source developers.

      Novell donates, code to firefox, and now Microsoft can sue the mozilla foundation for patent infringements, because of that, unless of course the mozilla foundation coughs up some money of course.

      --
      i thought once I was found, but it was only a dream.
    3. Re:They have every right. by October_30th · · Score: 1
      Novell donates, code to firefox, and now Microsoft can sue the mozilla foundation for patent infringements,


      And how the hell is that supposed to work? Why isn't Microsoft going to sue Novell, too?

      --
      The owls are not what they seem
    4. Re:They have every right. by mikesd81 · · Score: 2

      Because they said they wouldn't in the agreement.

      I think everyone is getting bent out of shape over this agreement. I don't like Microsoft either. But let's be honest with ourselves. Windows is on the desktop. Windows in the enterprise. Most Secretaries have a Windows desktop at work. So if this agreement can allow Linux and MS to finally actually talk to each other, so be it. I think the whole thing about patent is fud. MS lost as well with SCO, so this is their way to try to stay in that game. Looking past that, though, I think it could be a very good thing for hybrid networks.

      --
      That which does not kill me only postpones the inevitable.
    5. Re:They have every right. by Freed · · Score: 5, Insightful

      Uh, the idiomatic "right to ..." phrase typically means "moral justification to ...".

    6. Re:They have every right. by JabberWokky · · Score: 1
      Errr... because of this deal that is the thing that we are specifically discussing?

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    7. Re:They have every right. by Bruce+Perens · · Score: 5, Insightful
      The particular patent deal that they made is against section 7 of the GPL and also other parts of the license.

      Novell is attempting to create a loophole in the license with a legal fiction. By paying Microsoft to make a covenant to Novell's users directly, instead of to Novell, they are attempting to get us, and whatever judges eventually rule on this, to believe that no patents are being licensed even though the effect is the same as if they were being licensed.

      There is also the matter of the spirit of the license. By violating that, they are making a clear "screw you" gesture to everyone whose code they are running. There are now a lot of angry people who will now go out of their way to get business to go elsewhere than Novell. Have you noticed that SCO's business went completely down the tubes? Novell's going to have a hard time avoding that.

      Bruce

    8. Re:They have every right. by October_30th · · Score: 1
      Ok, so they won't sue Novell but since Novell doesn't have the exclusive rights to Samba, how could they sue anyone else either?


      It sure sounds people are just upset and paranoid because an open source company is negotiating with Microsoft.

      --
      The owls are not what they seem
    9. Re:They have every right. by Hooya · · Score: 1

      yeah. kinda like how wordperfect is talking to windows these days, eh?

    10. Re:They have every right. by slashnik · · Score: 1
      If you don't like it, don't buy their products.

      and that's just how Iill play it.
      I used to purchae Redhat but then when they went all comercial I moved to SuSE
      I have since purchased a number of the SuSE box sets from 6.1 on.
      I always recommend SuSE to friends and colleagues.
      I won't be using or recommending them any more.
      Time to give Centos a try I think
    11. Re:They have every right. by Daniel+Phillips · · Score: 1

      The only thing that will stop companies from doing things like this, is if they lose customer support. If you don't like it, don't buy their products.

      The only thing? Far from it, there is a lot we can do. For example, many free software projects are in a position to carry on further development under a modified license that clearly and directly prohibits the anti-community behaviour in which Novell has indulged (as compared to the GPL language that prohibits it but leaves enough room for a sufficiently determined weasel to wiggle). This would mean that Novell's distribution cannot distribute the latest versions of many software packages, making it inferior to other distributions. The media will immediately lap this up, negating the recent round of clueless or even paid-for reporting in favor Microsoft's latest strategem.

      OK, the Samba team has asked nicely, that's wonderful. But with visions of Microsoft's filthy lucre dancing in their collective heads, Novell management may well decide to hold fast to their new, suicidal course.

      --
      Have you got your LWN subscription yet?
    12. Re:They have every right. by mikesd81 · · Score: 1

      My office opens word perfect program pretty easily actually...

      --
      That which does not kill me only postpones the inevitable.
    13. Re:They have every right. by Anonymous Coward · · Score: 0

      Then say "moral justification". If people are going to bitch about how "piracy" is being used in place of "copyright violation" to make it sound worse than it is, they should also recognize that conflating "rights" and "morals" is just as underhanded. Argue your case on its merits, don't try to sway people by tricking them. It's this kind of disgusting manipulation that causes people to mistrust politicians. Let's at least try to be more fair than that; not a difficult goal, is it?

    14. Re:They have every right. by T-Ranger · · Score: 1

      Thats not how patents work. Regardless of how one came into a technical ability, be it independent invention, partnership with someone else (who got it through independent invention, or partnership (*RECURSION*)), or whatever, if its patented its patented. Bob Smith could independently discover some method and contribute brand new code to Samba, and then Samba get sued if the method is under some MSFT patent. "We didn't know" isn't an excuse, though it may make a diference at sentencing.

      I see great parallels here with the SCO case. Red Hat, and Novell, made promises of indemnification to their customers. Insurance, in effect, against SCO. Novell may actually have had some standing given the questionable ownership of the historical code, whereas RH is offering what ammounted to insurance. Anyway, what Novell here is doing is pre-emptivly providing their customers with some protection. There were no (or very few) complaints when RH and Novell offered indemnification to their paying customers. The Novell/MSFT deal allows Novell to do the same, against potential MSFT technologies. Perhaps it would be nice if the GPL covered all possible scenarios, but it doesn't; perhaps it would be nice of MSFT, through Novell, could offer these guarantees to everyone, but they won't, so they cant (respectively).

      As for Mozilla, Novell is the largest external contributor. It would be not-quite fatal, but catastrophic if mozilla.org shut out Novell. Of course, since Mozilla has very little, if anything, to do with vitalization, this deal effects them not at all.

    15. Re:They have every right. by AJWM · · Score: 4, Insightful

      So if this agreement can allow Linux and MS to finally actually talk to each other,

      The only thing that has ever stopped Linux and MS from "finally actually talk[ing] to each other" is Microsoft. Every protocol and file format that Linux and Linux software uses (except 3rd party proprietary stuff that just happens to run on Linux) is open and published. Further, copyrights aren't infringed by code that re-implements an interface (see "abstraction, filtration, comparison") so Microsoft has always been free to write code that interoperates with Linux kernel and applications.

      The fact is, Microsoft has deliberately gone out of its way to change file formats and protocols to make such interoperation as difficult as possible.

      - - - -

      Because they said they wouldn't in the agreement.

      Bwa ha ha ha!! LOL! This is Microsoft we're talking about. Besides which, they reserved the right to revoke that agreement any time they want.

      Remember Vader's lines: "I am altering the terms of our agreement. Pray that I do not alter them again." Or as an MSFT exec said to Bob Metcalfe of 3com after MSFT screwed 3com on OS/2 LAN Manager: "You made a mistake, you trusted us".

      See also the fable of the frog and the scorpion (and variations thereof).

      --
      -- Alastair
    16. Re:They have every right. by Shane · · Score: 1

      "Actually they have every right to do whatever they like as long as it is within the law"

      You _MAY_ be correct and it is later found they do have a legal right as the result of a technicality. It is unfortunate the Samba announcement used the words "no right to", that phrase (like the GPL it seems) leaves wiggle room for semantic debate.

      The real issue before us is quite simple. It is undetermined whether or not Novell broke the legal agreement of the GPL, however it appears the majority of GPL software developers understood the GPL to forbid this type of behavior. It is also clear that a large percentage of Novell's users (opensuse mailing list / forums etc..) feel Novell's actions are harmful to our community over all.

      This is a horrible position for a company to be in when 99.98% of their product is produced by these same developers and users. The end result will not be a semantic debate, it will end with significant adjustments that are counter to Novell's actions and it will end with developers and users less open to working with Novell in the future.

      Novell made a critical mistake thinking a legal agreement was/is more important than the social agreement between them and the community, the cost for that mistake may be more than they can pay.

      --
      -- You can be a geeklord too :)
    17. Re:They have every right. by jtev · · Score: 1

      Software patents are pantents on a way of doing something, a process, not on a result. So, the actual interfaces aren't patented, only the method, so as long as a different method is used, you're fine. The actual interfaces are generaly not patented, because there tends not to be enough innovation to warrant a patent.

      --
      That which is done from love exists beyond good and evil
    18. Re:They have every right. by cucucu · · Score: 1

      Actually they have every right to do whatever they like as long as it is within the law. There is nothing specific in the GPL that says they cannot make a deal with Microsoft.

      I'm afraid what you say is true, they have every right to do it. TFA says:

      arguing that the agreement is a divisive agreement, effectively splitting the open source movement into groups with and without commercial status.


      But let's say the truth: the first to do this where RedHat and SuSe with their closed versions of Linux. And everybody stayed silent, so why are they screaming when Microsoft comes into the scene.
      It looks like GPL has a bug. It gives the right to distribute Linux as a closed source OS. GPL should somehow allow to distribute the OS with closed applications, but the OS itself should remain open.
    19. Re:They have every right. by Daniel+Phillips · · Score: 1

      There is nothing specific in the GPL that says they cannot make a deal with Microsoft.

      That depends on what kind of deal they make with Microsoft. If it is a deal that requires a license from Microsoft (or covenant as Microsoft likes to style it) in order to distribute Linux then the GPL does have something specific to say about it.

      --
      Have you got your LWN subscription yet?
    20. Re:They have every right. by nurb432 · · Score: 1

      Its not just about using Novell as a scapegoat, it puts in to question any code from here on out. You want to be damned sure it wasn't 'infected' before you stake your company on it, for most any purpose.

      With a just few million well spent, microsoft may have just killed off the entire game with pure fear alone.

      --
      ---- Booth was a patriot ----
    21. Re:They have every right. by Zonk+(troll) · · Score: 0

      Well, the only thing you can trust Microsoft to do is stab you in the back.

      --
      "The Federal Reserve is a fraudulent system."--Lew Rockwell
      End The FED. -
    22. Re:They have every right. by Trash · · Score: 1

      Because they said they wouldn't in the agreement.

      No they did not. They said MS won't sue Novell's customers that use SLE. But they said they would still sue Novell. As they did NOT license the patents to Novell. Meaning Novell can't contribute code that include patents from Microsoft. Is this so hard to understand?

    23. Re:They have every right. by NineNine · · Score: 1

      There are now a lot of angry people who will now go out of their way to get business to go elsewhere than Novell. Have you noticed that SCO's business went completely down the tubes? Novell's going to have a hard time avoding that.

      The code is out there. There's nothing the developers can do about that. Novell will get tons of business from businesspeople (like myself) that WANT a MS-sanctioned Linux. They may lose developers and a few zealots. Big deal. They'll gain customers. They'll gain I think that this is the first smart thing that Novell has done in a long time.

    24. Re:They have every right. by jimicus · · Score: 1

      Have you noticed that SCO's business went completely down the tubes?

      What business?

      Seriously, I know of nobody who had a shred of respect left for SCO Unix BEFORE they started suing everything that walked.

      I think this is a deal aimed squareley at the blue suits of this world in companies where the IT department just runs what's thrust at it, and has little or no say in the matter. It means that Novell can say to them "Are your tech staff making noises about wanting to run Linux? Does the thought of that make you nervous? Well, if you run SuSE Linux you don't need to worry".

    25. Re:They have every right. by Anonymous Coward · · Score: 0

      Uhh... No, the deal is NOT a violation of section 7-- Unless you're saying there is patent infringing code, licensed under the GPL, in Novell's distribution, right now. Or that there will be "soon".

      Section 7 only applies to GPL software (Duh), and only then, if there is licensed code that only Novell can distribute.

      SCO also made a habit of suing their own customers. So far, neither Novell or Microsoft have been that stupid.

    26. Re:They have every right. by Zonk+(troll) · · Score: 0

      Let me get this straight. You were upset about Red Hat going "all commercial" (forgetting about Fedora), and instead went for a very-closed SUSE? SUSE didn't even provide iso's until after Novell bought them.

      --
      "The Federal Reserve is a fraudulent system."--Lew Rockwell
      End The FED. -
    27. Re:They have every right. by killjoe · · Score: 1

      How come SCO never got a lot of business?

      Maybe your whole theory is just crap.

      --
      evil is as evil does
    28. Re:They have every right. by houghi · · Score: 1

      So why would Microsoft not do such a thing now? Who says I am not a strawman for M$ and am implementing stuff into the kernel as we speak? No need for a deal that I need to pay 318 million USD for. I do it for half of that amount.

      So what stops Microsoft of doing such a thing now? Also read http://www.vnunet.com/vnunet/news/2168151/novells- opens-microsoft

      --
      Don't fight for your country, if your country does not fight for you.
    29. Re:They have every right. by Freed · · Score: 1

      I agree that using more precise terms is fairer and important. However, "piracy" is used by industry, who always wants to fool people. Moreover, it is such a disproportionate conflation. OTOH, "rights" and "morals" are not used so assymetrically (powerful group versus individuals), they occur together in many discussions, and so the common usage of "right to" is entirely understandable if not correct and we should give most people the benefit of the doubt that they are not underhanded about it. My best friend makes this mistake all of the time and I just make fun of him. Just move on and make a case based on the ethics of the deal; Novell will have to make this case or simply lose a lot of support.

    30. Re:They have every right. by Cecil · · Score: 1

      You don't want an MS-sanctioned Linux.

      You want Windows.

    31. Re:They have every right. by Anonymous Coward · · Score: 0

      Why in the name of fuck would anyone want an MS sanctioned Linux? That doesn't even pretend to make any sense.

      For those of us who want a Ford sanctioned Chevrolet, this is a major boon.

    32. Re:They have every right. by spiritraveller · · Score: 1

      The particular patent deal that they made is against section 7 of the GPL and also other parts of the license.

      Novell is attempting to create a loophole in the license with a legal fiction. By paying Microsoft to make a covenant to Novell's users directly, instead of to Novell, they are attempting to get us, and whatever judges eventually rule on this, to believe that no patents are being licensed even though the effect is the same as if they were being licensed.


      But isn't it true that if there is patent-infringing code in Linux that it won't matter whether Novell has made an agreement to immunize its users? Distributors of the patent-infringing code and their users are in violation of the patent either way.

      I don't see how this helps Microsoft assert its patents except in a public relations sense. They could assert their patents before. They can assert their patents now. The only difference is that people might not scream "Monopolist!" as loudly. But the whole point of a patent is that it does give you a legal monopoly.

      If Microsoft had simply bought Novell, the effect would have been the same or worse. They at least claim they are open to agreements with other Linux distributors.

    33. Re:They have every right. by ClosedSource · · Score: 1

      I don't know how many free software projects would be able to do this.

      In the case of Linux, this "modified license" approach would require Linux to be rewritten from scratch. The GPL won't allow you to make a derivative work without licensing it under the same version of the GPL that Linux already uses. Ironically, the same legal constraint that keeps closed source vendors from making proprietary extentions to Linux also prevents the use of more restrictive licenses.

    34. Re:They have every right. by T-Ranger · · Score: 2, Interesting

      Hey, Bruce.

      In another comment on this subject, I noted the clear parallel between this deal and the actions of Novell and Red Hat offering indemnification over potential SCO lawsuits. RH defence was/is "its not a problem, but if it is, we offer insurance" (i.e. no real legal defense, just financial), whereas Novell offered "its not a problem because we own that code anway, but if it is, we offer insurance" (i.e. both a legal defense, as well as financial backing for any failure). These offerings applied to paying customers of the respective companies. I dont recal any significant attention to these deals.

      How is Novell gaining legal standing to offer its paying customers protection against MSFT today any different from Novell and RH offering insurance against SCO to their paying customers yesterday?

      Clearly there are many, many, scenarios where "commercial" and "non-commercial" (paying and non-paying being better words, I question the whole Samba letter with them getting this confused) users get different rights. Lets say there is a company, NerdCo, which sells some OSS package. With a purchase of said package, the paying customer gets a coupon to, say, ORA's Safari service to read the book. Some non-paying customer comes along, downloads the software, and then goes over to Tim and demands access to the book. Tim would tell the non-paying customer to go fuck himself, politely, of course. Support call centers, same deal.

      This whole problem also points out an internal inconsistency to the FSF theory of the universe. One of the long-used examples of how to eat while writing FOSS was to sell warranties against problems. The FSF thus encourages software developers to treat their paying and non-paying users diferently.

      The scenario a month ago was that MSFT had patents on various technologies and could at any time, sue anyone. Novell made a deal with MSFT that possibly violates the GPL (or rather, trigers a violation of the GPL), and probabaly violates what puritans think of as the spirt of the GPL. Others, pragmatists, and almost definitly most large companies wouldnt agree with the spirt-violation (or be willing to ignore it...). Novell has only introduced another scenario where they treat their paying customers and their non-paying users diferently, something that all developers do.

    35. Re:They have every right. by pchan- · · Score: 1

      We've all been looking at this as a GPL issue (which I agree is very valid). What I haven't seen brought up is two key projects that are sponsored by Novell: Mono and Gnome. With Mono now having implemented Windows Forms, and hopefully achieving nearly full compatibility with "Windows Native" dotnet apps, perhaps it has occured to Microsoft that they don't want Linux app migration to be that easy. This is the wedge they're driving. Windows Forms contains messy patent issues. Now, anyone can use them, as long as they use the Microsoft-blessed Novell Linux distribution, but the control is strictly in Microsoft's hands. No distribution is allowed outside of their control, and they can revoke even the current users' right by pulling their agreement and threatening to sue.

    36. Re:They have every right. by Bruce+Perens · · Score: 4, Insightful
      There is no non-trivial software program that does not infringe a granted patent. I am not kidding. If you enforced them all, the whole software industry would grind to a halt.

      Bruce

    37. Re:They have every right. by Mike+Savior · · Score: 1

      But you don't need worderfect anymore. - Well, not that you should -need- it, but what happened to the wordperfect guys? Heard anything new from them in a while?

      --
      space is pretty cool.
    38. Re:They have every right. by Bruce+Perens · · Score: 2, Insightful
      Nobody with any sense in the free software world has touched Mono, because they would always realized the potential for patent aggression from MS. The audience that touches it might be coming from the Windows platform.

      GNOME would be fine without Novell. But IMO the GNOME team should discuss the issues with some good attorneys and think about whether or not it should be accepting Novell code from hence. If GNOME has to litigate a patent later on, it doesn't want to have Novell testifying about the patents it knew about as a member of the development team and creating treble damages for knowing infringement where we would otherwise have had simple damages. And no doubt there are other legal risks.

      Bruce

    39. Re:They have every right. by Dare+nMc · · Score: 1

      There is nothing specific in the GPL that says they cannot make a deal with Microsoft.

      I disagree, the GPL prevents them from distributing anything under the GPL that is covered by copyrights that are not completly open to everyone. So they will not be able to distribute anything (GPL'd) that microsoft has a copyright on, even if they have their own agreement with MS. (see section 7 )

    40. Re:They have every right. by Daniel+Phillips · · Score: 1

      I don't know how many free software projects would be able to do this.

      How many do it is not material, just a few need to do it to create the desired effect.

      In the case of Linux, this "modified license" approach would require Linux to be rewritten from scratch. The GPL won't allow you to make a derivative work without licensing it under the same version of the GPL that Linux already uses. Ironically, the same legal constraint that keeps closed source vendors from making proprietary extentions to Linux also prevents the use of more restrictive licenses.

      Not every project uses the GPL, Apache to name one prominent example. There are plenty more.

      Microsoft and Novell want to debate the fine print of the GPL. Fine, let them debate. While that debate drags on (and you can be sure Microsoft will drag it on as long as possible) we can take direct and effective action to uphold not only the letter of the law, but the spirit of the community.

      --
      Have you got your LWN subscription yet?
    41. Re:They have every right. by node+3 · · Score: 4, Insightful
      Actually they have every right to do whatever they like as long as it is within the law.
      That's a tautology. In other words, "they have the right to do what they have the right to do." It doesn't really mean anything. Regardless of whether Novell has the legal right or not, or the moral right or not, your sentence means the exact same thing. Which is to say, it has absolutely no bearing on what the SAMBA team wrote.

      I suspect they weren't talking about legal rights, but right in the sense of "moral or proper". Such as, "you have every right to be mad at me for what I did".

      And no, Novell has *NO RIGHT* to do what it appears they are doing, even if they have every legal right to do it. The sentence is not contradictory because the word "right" is being used in two different ways. If you are still having a hard time with that, imagine I wrote, "it's wrong of Novell to do what they appear to be doing, even if it's entirely within the law". The two sentences mean the same thing.
    42. Re:They have every right. by Anonymous Coward · · Score: 0

      The Scorpion and the Frog
      One day, a scorpion looked around at the mountain where he lived and decided that he wanted a change. So he set out on a journey through the forests and hills. He climbed over rocks and under vines and kept going until he reached a river. The river was wide and swift, and the scorpion stopped to reconsider the situation. He couldn't see any way across. So he ran upriver and then checked downriver, all the while thinking that he might have to turn back. Suddenly, he saw a frog sitting in the rushes by the bank of the stream on the other side of the river. He decided to ask the frog for help getting across the stream. "Hellooo Mr. Frog!" called the scorpion across the water, "Would you be so kind as to give me a ride on your back across the river?" "Well now, Mr. Scorpion! How do I know that if I try to help you, you wont try to kill me?" asked the frog hesitantly. "Because," the scorpion replied, "If I try to kill you, then I would die too, for you see I cannot swim!" Now this seemed to make sense to the frog. But he asked. "What about when I get close to the bank? You could still try to kill me and get back to the shore!" "This is true," agreed the scorpion, "But then I wouldn't be able to get to the other side of the river!" "Alright then...how do I know you wont just wait till we get to the other side and THEN kill me?" said the frog. "Ahh...," crooned the scorpion, "Because you see, once you've taken me to the other side of this river, I will be so grateful for your help, that it would hardly be fair to reward you with death, now would it?!" So the frog agreed to take the scorpion across the river. He swam over to the bank and settled himself near the mud to pick up his passenger. The scorpion crawled onto the frog's back, his sharp claws prickling into the frog's soft hide, and the frog slid into the river. The muddy water swirled around them, but the frog stayed near the surface so the scorpion would not drown. He kicked strongly through the first half of the stream, his flippers paddling wildly against the current. Halfway across the river, the frog suddenly felt a sharp sting in his back and, out of the corner of his eye, saw the scorpion remove his stinger from the frog's back. A deadening numbness began to creep into his limbs. "You fool!" croaked the frog, "Now we shall both die! Why on earth did you do that?" The scorpion shrugged, and did a little jig on the drownings frog's back. "I could not help myself. It is my nature." Then they both sank into the muddy waters of the swiftly flowing river. Self destruction - "Its my Nature", said the Scorpion...

    43. Re:They have every right. by elysian1 · · Score: 1

      If GNOME ever gets sued for patent infringement, you can bet Novell will be at its defense. The only reason Novell is doing these deals with Microsoft is for money. It's a corporation whose purpose is to make money. GNOME is a large part of its revenue generating products. Thus, Novell will use its large patent portfolio to defend GNOME and any other OSS software it distributes to protect its revenue generating products.

    44. Re:They have every right. by coaxial · · Score: 2

      The particular patent deal that they made is against section 7 of the GPL and also other parts of the license.
      Novell is attempting to create a loophole in the license with a legal fiction. By paying Microsoft to make a covenant to Novell's users directly, instead of to Novell, they are attempting to get us, and whatever judges eventually rule on this, to believe that no patents are being licensed even though the effect is the same as if they were being licensed.


      I don't think that's what they're doing. They're certainly trying to cloudthe issue, but I don't understand how Novell could even receive a license for a patent, unless they were the author of the GPL program. I mean if they don't own the IP, how would they have an standing to enter an agreement regarding it?

      I think Novell is wasting their money, and there's no change to the IP landscape.

      There is also the matter of the spirit of the license. By violating that, they are making a clear "screw you" gesture to everyone whose code they are running. There are now a lot of angry people who will now go out of their way to get business to go elsewhere than Novell. Have you noticed that SCO's business went completely down the tubes? Novell's going to have a hard time avoding that.

      Oh it's definately a "screw you" gesture. In all honesty though, I think SCO had all sorts of problems before their legal hissy-fits. That's not to say Novell is sailing cleanly themselves.

    45. Re:They have every right. by elysian1 · · Score: 1

      That's the whole point of the patent agreement. MS and Novell were never going to sue each other for patent infringement because of that exact reason. Both are software companies. Both have too much to lose in patent dispute. This whole deal was a business/marketing ploy. We should all be more worried about the patent trolls who don't have anything to lose. I can see a patent troll like NTP bringing the software industry to a halt because you can't counter-sue and gain leverage against someone that doesn't have any assets.

    46. Re:They have every right. by Anonymous Coward · · Score: 0

      I've just about had it with people beginning their post with "ummm" or "uhh." Just because you're a mouth-breathing, knuckle-dragging simpleton and that's the way you talk, it doesn't mean that you have to write that way. Instead, maybe learn to write like a fucking adult.

    47. Re:They have every right. by Anonymous Coward · · Score: 0

      > Actually they have every right to do whatever they like as long as it is within the law.

      In a legal aspect you can get away with a lot. Under principle, you should consider
      the people that helped create your company. Principle is what the samba team is referring to. It is on principle that you get a raise every year, have a job to go to, and get paid.

      If every company worked like Novell, you would get fired before your raise, employees would be rotated at the end of every fiscal year, and your severance package would simply be a suggestion not to let the door hit your ass on the way out.

    48. Re:They have every right. by Anonymous Coward · · Score: 0

      fag

    49. Re:They have every right. by Anonymous Coward · · Score: 0

      It's not about it being against the GPL, it's provide MSFT with an excuse, and an attack point with which to target open source developers.

      I keep hearing this argument that M$ can somehow sue open source developers.

      Could someone wise clue me in on the issue.
      What laws open source developers are breaking? Why are they breaking them?How are they being made vulnerable?

    50. Re:They have every right. by quantaman · · Score: 1

      The samba team is talking about moral rights, not legal rights. Legally they MIGHT be in the clear depending on whether a judge considers this "covenant not to sue" to be the patent license that is it. Ethically they're on ground shakier than the deck of the Titanic.

      --
      I stole this Sig
    51. Re:They have every right. by Daniel+Phillips · · Score: 1

      If GNOME ever gets sued for patent infringement, you can bet Novell will be at its defense.

      I think it is a better bet that Microsoft would make it worth Novell's while to support such a suit.

      --
      Have you got your LWN subscription yet?
    52. Re:They have every right. by metamatic · · Score: 1
      GNOME would be fine without Novell. But IMO the GNOME team should discuss the issues with some good attorneys and think about whether or not it should be accepting Novell code from hence.


      The GNOME team have already incorporated Mono into the GNOME desktop, so it seems to me they've made their decision.
      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    53. Re:They have every right. by node+3 · · Score: 1

      Wanting a "MS-sanctioned Linux" shows a lack of understanding of both Microsoft and Linux.

      Based on your other posts, you are an Ayn Randian type capitalist who thinks success in business means quality and morality. This is not the case, and never has been. Success in business is not inherently bad, but neither is it automatically good.

      Given the fact that supporting Linux will send the message to their customers that it's OK to run Linux (which is another way to say, it's "OK to *not* run Windows"), Microsoft will need to believe that being seen as a strong Linux parter (like IBM is) is more important than the inherent negative impact on Windows such a deal will have.

      On the other hand, doesn't it make more sense, and better fit MS's history (of tactics like "embrace and extend") to try to fracture Linux? If they can convince businessmen such as yourself to try their MS-sanctioned Linux, and can convince their corporate partners to deploy it, what's to stop them from doing what they *always* do? They will branch off their Linux distro further and further out of compatibility with the rest. They did this with html and java (among others). What's to make you think somehow *this time* it will be different?

    54. Re:They have every right. by Anonymous Coward · · Score: 0

      > ...write like a fucking adult. uhh, uhh, uhh, ummm baby!

    55. Re:They have every right. by shywolf9982 · · Score: 1

      Intresting POV. But what would be the point of doing such a thing? It wouldn't just block the IT industry. It would block the whole justice machine way faster. I'm not all that familiar with how it works in the US, but I'm quite sure there would be too much suits going on for judges and all to handle, and they would fall in prescription before the judge can come to a decision. Here in Italy, our former prime minister have several times exploited this bug in order to avoid being judged. So people would just going on doing their business in The Illegal Way (tm), and politicians would be forced to "forgive" all the IP infringment until they get to reform it.

      Here, Microsoft is acting like the Godfather, threatening people and hoping they would stop or pay them, but knowing they cannot really enforce their threats, because the consequences would be highly unpredictable

      --
      nbody2002:If you can read this you may be addicted to the internet
    56. Re:They have every right. by slashnik · · Score: 1

      Yep

      Obviously your memory of Redhat history may be failing.
      I left Redhat for Suse a long time befor Fedora although I have dabbled with Fedora since.
      I didn't mind paying 40-50 GBP for a new boxed distro every 18 months but I wasn't going to pay 70-80 so I moved to SuSE
      Laterly I have preferred the magazine cover disks of the n-1 SuSE release and now OpenSuSE

      However I will not be going near SuSE again while they're playing with Bill

    57. Re:They have every right. by Hotawa+Hawk-eye · · Score: 1

      If an open source project is worried about Microsoft attacking them via Novell code submissions, then the solution is clear: that project needs to refuse any and all code submissions from Novell without looking at them, and clearly identify as the reason the submission was rejected concerns over legal liability. Perhaps being treated as persona non grata by some members of the open source community will make Novell realize how important an issue this is for the people with whom they want to work.

      Novell has the right to decide with whom they want to work -- as do the open source projects.

    58. Re:They have every right. by NineNine · · Score: 1

      What's to make you think somehow *this time* it will be different?

      I don't think it will be different. They'll probably spin it off and it will be incompatible. But here's the point. You're assuming that OSS is some kind of good inherent in itself. That's the problem. So what if MS's Linux isn't compatible? So what if it becomes many times more popular than OSS Linux? What's the problem? OSS is just software. It's a tool. It's just lines of code. Software doesn't exist for it's own benefit. It exists to help us (humans) accomplish more. I don't care if my software is open source, proprietary, or written by hamsters. Software is not an end. Software is a means to an end. The only people for whom software is an "end" are the tiny segment of the population that are professional programmers. Hell, even for them, why would OSS be an inherent good?
       
      And, in this particular case, OSS is already out there. You're not talking about MS buying a competitor and shutting down their product. That's not going to happen here.

      So again, I ask, why should I, or anybody else, really care if their software becomes more popular than somebody else's software? I'm planning on using what works best for me and my business, regardless of where it came from or who made it. If MS can do "MS Linux" better than the current iterations of Linux, then good for them. Even better, good for everybody else who uses it!

      OSS doesn't make the world a better place. It's all in how it (and other kinds of software) are used.

    59. Re:They have every right. by Serapth · · Score: 2, Insightful

      Thats a very altrusitic view of the world you've got there.

      The only thing that stops Linux and MS from talking is Microsoft.

      Well... and the GPL. Much the same thing that gets in the way of Nvidia and ATI releasing source drivers. Under more liberal licenses, Microsoft wouldnt have an issue with interop, but if its GPL, they cant so easily add support, without having to make themselves exposed to GPL.

      Frankly, the GPL is the best and worse thing that ever happened to linux. Yes, Microsoft takes more then there fair share of blame for not co-existing, but the zealot RMS takes far more. Its like he structures the license specifically to keep corporate interests away from FOSS. GPL3 is even worse.

    60. Re:They have every right. by marcello_dl · · Score: 1

      Even if MS were just as evil as any other corporation, the only two forces capable of keeping Microsoft "talk to" Linux would be Linux market penetration and the fact that stopping talking to Linux means being incompatible with older Microsoft proprietary formats who have already been opened.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    61. Re:They have every right. by node+3 · · Score: 2, Insightful
      It's not the Open Source *Software* that's inherently superior, it's the open source *process* that is. The problem is that MS intends to (based on their past actions) circumvent that process.

      An MS-sanctioned Linux will not succeed by being better (oh! that I wish it would). It will succeed (if it succeeds) by exploiting weaknesses which have little-to-nothing to do with the quality of the software. They will leverage their relationships with their current customers, they will create incompatible forks of existing projects, they will use proprietary modules/plug-ins/etc to make it so that only the MS version is actually useful, and so on.

      Certainly, these are all sharp business practices. I can't fault their acumen on that aspect. What I fault is that by building up their own business, they tend to have an overall detrimental affect on the culture as a whole.

      As for why you should care, that depends on your morality. Should you care about the effects of your actions if those effects don't directly affect you?

      Fortunately, I have confidence that open source is stronger than Microsoft, in the long run. If MS tries too hard to subvert Linux, they will fail miserably. If they actually put reasonable effort to work well with the open source community (like, to various degrees, IBM, Apple, Sun and others do), they will likely be little more than a nuisance, or perhaps even a productive member of the community (although the last part is doubtful).

      OSS doesn't make the world a better place. It's all in how it (and other kinds of software) are used.
      You're mostly right that OSS, itself, doesn't necessarily make the world a better place. But the open source process and community enables and encourages the creation of software and sharing of software, which encourages and enables people to make the world a better place.
    62. Re:They have every right. by theshowmecanuck · · Score: 1

      They're still around. I read somewhere they still have about 15% to 20% of the market and significantly more in government offices. However take that with a grain of salt since I am having trouble finding more than one reference to it.

      --
      -- I ignore anonymous replies to my comments and postings.
    63. Re:They have every right. by init100 · · Score: 2, Insightful

      Well... and the GPL. Much the same thing that gets in the way of Nvidia and ATI releasing source drivers. Under more liberal licenses, Microsoft wouldnt have an issue with interop, but if its GPL, they cant so easily add support, without having to make themselves exposed to GPL.

      What? You must be either joking or ignorant. The GPL covers program code, not communication protocols or file formats. There is nothing stopping Microsoft from implementing file formats and protocols from Linux, unless they try to take existing GPL code that does this and incorporate into their products. That would expose them to the GPL.

    64. Re:They have every right. by AJWM · · Score: 1

      The only thing that stops Linux and MS from talking is Microsoft.

      Well... and the GPL.


      Funny, the GPL hasn't stopped hundreds of other proprietary software vendors (IBM, HP, Oracle, Sun, Adobe, ...) from working with Linux.

      Are you suggesting that Microsoft is too stupid to properly understand the GPL? I suppose that's a possibility, but they can afford lawyers.

      --
      -- Alastair
    65. Re:They have every right. by Anonymous Coward · · Score: 0

      It's not the word, "right," that is being used differently. It is the word, "no."

      By saying Novel has no right to do something, when they actually have the legal right to do it is a lie. We call these types of lies "exaggerations."

    66. Re:They have every right. by Anonymous Coward · · Score: 0

      Then let's bring it on. Seriously. You want to eliminate software patents? Demonstrate to the world that software development cannot function in a world with software patents.

      But please, share some examples. I've yet to see any concrete examples of patent infringing code, released under the GPL, that is affected by the MS/Novell deal.

      Unless, of course, you're referring to Mr. Blepp's briefcase.

    67. Re:They have every right. by Cerilus · · Score: 1
      Lots of people have pointed out section 7 of the GPL, and lots of people have pointed out that Microsoft and Novell have specifically not licensed the patents, but instead simply decided not to sue each other over them.

      Couldn't one sucessfully argue that the ability to sue is the only method of enforcing patent rights? And that by agreeing not to sue, Microsoft has de facto licensed it's patent patent rights to Novell and visa versa?

      If that is the case, then Novell must either license the patent rights from Microsoft to everyone on a royality-free basis, or it must terminate it's (now licensing) agreement with Microsoft. And if Microsoft distributes any GPL'ed code, that it must also license Novell's rights?

    68. Re:They have every right. by NineNine · · Score: 1

      I'm not convinced that the process is better. I think that the process and the idea behind it is academically lazy and poorly thought out. But really, that's irrelevant. If the process is better, it'll develop a better product, which should be the goal. That really doesn't seem to be the goal of the movement, though. The goal of the movement, according to most of the rhetoric, has something to do with some vague idea called "freedom".

      If it's a better process, then maybe, eventually, we'll see better software. So far, results have been spotty at best, especially when considering the monetary cost of most of the software.

      And ultimately, that's my point: I don't care if the software that I use is OSS or not. I want to use the best software to meet my needs. If the process is better, then maybe I'll use it in the future, but ONLY if the software is better.

      Nobody that I have read has ever made a single valid point as to why there's an inherent good in OSS. I've read nothing but embarassingly bad pseudo academic masturbation. (think: "The Cathedral and the Bazaar"... uuugh)

    69. Re:They have every right. by yuna49 · · Score: 1

      No, they said they wouldn't sue Novell's customers. Quite a different thing entirely.

    70. Re:They have every right. by Anonymous Coward · · Score: 0

      What do you think it would cost? Do you think that, say, $300 million would do it?

    71. Re:They have every right. by AirLace · · Score: 4, Informative

      Nobody with any sense in the free software world has touched Mono

      Right, that is why Debian GNU/Linux was the first to not only package Mono, include it in the distribution but also write a spec describing how packages using Mono can integrate right into the core of the system.

      I won't go into how the gtk-sharp toolkit is one of the best maintained and most active language bindings for the gtk+ GUI toolkit incuded in GNOME today.

      Free Software developers who haven't touched Microsoft Windows in years or who come from a completely UNIX background are happily writing desktop applications, system daemons and web applications using Mono today.

      So, Bruce Perens, what on earth are you talking about?

    72. Re:They have every right. by cjcollier · · Score: 1

      *sigh*

      Mono's great, though, Bruce. And there are standards (ISO and ECMA) that describe the process of building a CLR implementation. Perhaps nobody should touch *any* of the alternate implementations of the CLR, yes? Or maybe we should stop worrying and create some code.

      Do you remember when people tried to get PGP users to stop using the software? They whined about it quite a bit, remember? But there's still a Free implementation, yes?

      --
      moo.
    73. Re:They have every right. by Anonymous Coward · · Score: 0

      Big deal, so Debian includes it. And so does Fedora, and Ubuntu. But that doesn't mean that lots of people are using it. I know very few users of those distros who use it. It could be dropped from Fedora for the next release (already some rumors about that), and I doubt anyone would even notice.

    74. Re:They have every right. by Pecisk · · Score: 1

      Bruce,

      Simply leaves us alone with your "selective reality".

      Sorry about to be harsh but it seems more and more that way.

      Peter.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    75. Re:They have every right. by Pecisk · · Score: 2, Insightful

      Yeah, nothing about lot of users will continue to dump Fedora and replace it with Ubuntu.

      Just get fuckin over it. Mono is here to stay, like it or not. Maybe let's trop SAMBA too? Potential legal minefield. Potential IP violation.

      People WANT. USABLE. LINUX. NOT RELIGIOUS AND ETHICALLY RIGHT PRODUCT. They want openness, but not religiously.

      Which part of this text you don't get it?

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    76. Re:They have every right. by Anonymous Coward · · Score: 0
      Which part of this text you don't get it?


      "People"

      I don't know who you're talking about, but for sure that doesn't include RMS...
    77. Re:They have every right. by 12357bd · · Score: 1

      People don't realize that the real target is KDE, that's why Novell (MS) bought Suse (main KDE supporter) and is promoting GNOME and Mono instead.
      Is not about to keep open choices, is about to damage MS adversaries.
      An 'MS blessed' Linux distribution is just a joke, a dangerous joke.

      --
      What's in a sig?
    78. Re:They have every right. by Almahtar · · Score: 1

      Just... ick. The funny thing is that this post, encouraging the use of a Microsoft owned standard, occurs in a thread that exemplifies yet another reason we shouldn't. Go foresight.

    79. Re:They have every right. by unother · · Score: 1

      Which part of this text you don't [sic] get it [sic]?

      Pretty much all of it. I would think English is not your first language...

    80. Re:They have every right. by Ash+Vince · · Score: 1

      English is probably not the posters first langauge, but if you cannot understand the point he is trying to make you are clearly very stupid.

      Were you just trying to criticise his grammar because you could not come up with a decent counter argument?

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    81. Re:They have every right. by mvdwege · · Score: 1

      No they bloody have not. Some utilities, such as Beagle or F-Spot are written in C# and depend on the Mono runtime, but the core desktop is Mono-free.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    82. Re:They have every right. by Anonymous Coward · · Score: 0

      > Which part of this text you don't get it?

      uh, the part in which you think that microsoft won't use the legal system to kill mono

    83. Re:They have every right. by CaptainZapp · · Score: 1
      Novell will get tons of business from businesspeople (like myself) that WANT a MS-sanctioned Linux.

      So what exactly is your business?

      Astroturf shill for the Microsoft Corporation?

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    84. Re:They have every right. by metamatic · · Score: 1
      Some utilities, such as Beagle or F-Spot are written in C# and depend on the Mono runtime, but the core desktop is Mono-free.

      Wrong. Tomboy is part of the core GNOME 2.16 desktop as described by the GNOME project, and Tomboy requires Mono.

      As Ars Technica put it,

      "After much discussion, the GNOME developers decided to add the GTK C# sharp bindings and Mono as official GNOME dependencies."

      And here's the official announcement from the mailing list stating that Mono is part of GNOME 2.16.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    85. Re:They have every right. by mvdwege · · Score: 1

      That last link does not quite seem to say what you say it does. Gtk# and Tomboy are only provisionally accepted in the Gnome Desktop release, and definitely not as required dependencies.

      I stand by my contention that that does not make them part of the core desktop.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    86. Re:They have every right. by cbdougla · · Score: 1

      Isn't there a clause that says you can't donate code that's under IP restrictions to the GPL? Therefore Novell, even with this agreement, can't take MS code and stuff it into a GPL project. And MS can't "seed" code into a GPL project through Novell without themselves breaking the GPL. And furthermore, doesn't this go both ways? There were folks who stated that this agreement is an admission by Novell that there might be MS IP in Linux. Doesn't that also say that MS has also admitted that there might be GPL code in Windows? We're afraid that MS will use this as a way to sue other OSS vendors and while this is a bit scary, I don't know if it's any scarier than an organized OSS movement filing hundreds of small suits against MS from dozens of countries.

    87. Re:They have every right. by metamatic · · Score: 1

      I stand by my contention that since GNOME is described on the GNOME web site as including Tomboy, that means it's part of GNOME, and hence that Mono is now part of GNOME.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  5. Let's consider this from Novell's posistion... by RLiegh · · Score: 1

    Bags of money or making nice which geeks who aren't even on their payroll....

    Yeah, sure. I see 'em doing what the samba teams says. Yep. Sure thing. Uh-huh.

    1. Re:Let's consider this from Novell's posistion... by mikesd81 · · Score: 1

      I think samba's actually a pretty big player in the field. And I think maybe Samba may be one of the things Microsoft is after. Even though Novell has the not-so-free e-directory, Samba is a big player for network interoperability.

      On a unrelated note, I'd like to hear Linus's take on this agreement. He's been kind of quiet.

      --
      That which does not kill me only postpones the inevitable.
    2. Re:Let's consider this from Novell's posistion... by RLiegh · · Score: 1

      My guess is that he's for it but he knows everyone would throw a shitfit if he said so.

    3. Re:Let's consider this from Novell's posistion... by Anonymous Coward · · Score: 0

      They better do what the Samba team says. Or they will reap the consequences. And it won't be pretty for Novell.

    4. Re:Let's consider this from Novell's posistion... by Anonymous Coward · · Score: 0

      Actually, Novell does have a member of the Samba team on its payroll.

  6. Stop your bitching by karmaflux · · Score: 1, Insightful

    Novell has 'no right to make self servicing deals on behalf of others which run contrary to the goals and ideals of the Free Software community'."

    Bullshit. First, Novell isn't making deals on behalf of others. Second, Novell have every right to make the deal they made -- if the Samba folks don't like it, they should have said so in their copyright license. They didn't.

    Also, from the Samba post: "The goals of the Free Software community and the GNU GPL allow for no such distinctions."

    Guess what? It doesn't forbid such distinctions either.

    Listen up, folks: nobody cares about your intent. The law is about the wording of the document. That sucks, but that's how it is right now. If you don't want people to do certain things with your code, SAY SO AHEAD OF TIME, IN THE LICENSE.

    --

    REM Old programmers don't die. They just GOSUB without RETURN.

    1. Re:Stop your bitching by acvh · · Score: 4, Insightful

      "First, Novell isn't making deals on behalf of others."

      well, yes, they did. the deal was done on behalf of Novell's customers. the deal is specifically designed to indemnify Novell's customers from patent lawsuits brought by Microsoft. thus, Microsoft can pursue a patent suit against Samba, but if you bought a Microsoft approved distribution you won't be penalized.

    2. Re:Stop your bitching by ClosedSource · · Score: 1

      Technically, you are correct, but he was talking about Novell making deals on behalf of other open source vendors, not the customers. Whatever legal basis MS has today to sue Samba for a patent violation, it will be no greater if this deal goes through.

    3. Re:Stop your bitching by Bruce+Perens · · Score: 5, Interesting
      Actually, the Samba developers did say you couldn't do this in their copyright license. Novell is deliberately attempting to make a loophole in that license. It's sort of a "screw you" gesture from Novell to Samba to abuse their license that way.

      Bruce

    4. Re:Stop your bitching by acvh · · Score: 4, Insightful

      you are also correct. however, the downside here is that if users, especially businesses, feel a need to take advantage of this "protection" then Novell has succeeded in delegitimizing other distributions. i'm no GPL geek, so I don't know specifically what the license has to say on this, but if programmers or vendors are forced to question their rights to code or distribute then we've lost something.

    5. Re:Stop your bitching by JabberWokky · · Score: 3, Insightful
      Bullshit. First, Novell isn't making deals on behalf of others. Second, Novell have every right to make the deal they made -- if the Samba folks don't like it, they should have said so in their copyright license. They didn't.

      I agree wholeheartedly. What should have been said is that Novell, by making this deal, is behaving against the ethics of Open Source and Free Software. Microsoft is a perfectly legal company... and has engaged in behavior that many consider highly unethical. Thus many people think poorly of their business dealing. This is a matter of ethics, not a matter of law or rights.

      Ethics is part of business. I know I've had the opportunity to screw over my business partner many times in the nine years we've been working together. I'm sure he has as well. We have both behaved as ethically as we possible and we trust each other. The same goes for the companies that we have brokered deals with. We behave in an ethical manner and we receive business because of our reputation. Microsoft has partnered with many companies and subsequently screwed them over. That should be a consideration when dealing with them, and Novell -- as an OS/FS company -- is now dealing with them. This will certainly chill relations with the people who develop the product they sell, and likely some customers. Dealing with unethical people or companies does impart a certain taint to you and your product. That is what is occurring here, not a violation of law.

      Just because you have a right to do something does not make it right to do.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    6. Re:Stop your bitching by fatphil · · Score: 1

      Bruce, could you expand, please? There's nothing I see in the WSJ article, for example (from the related link), which unambiguously contradicts anything in the GPL. I don't doubt you, I'm sure you're have a better grasp on the situation than many others on /. .

      FatPhil

      --
      Also FatPhil on SoylentNews, id 863
    7. Re:Stop your bitching by Anonymous Coward · · Score: 0

      I can't find that anywhere on their site, unless you're referring to the GPL in general.

      Personally, I think a number of people, yourself included, have gone out of their way to paint this deal in as negative a light as possible, without actually knowing what Novell's intent is.

      I've seen nothing in the statements from Novell that indicates they intend to put *ANY* patented code into any product. Quite the opposite, in fact.

      And of course, there's still the issue that Novell is perfectly free to release open source code under a license other than the GPL, and still distribute it with SuSE linux. They've done it before, and that to me speaks volumes more than any FUD being spread by the F/OSS community.

    8. Re:Stop your bitching by ClosedSource · · Score: 1

      In the business world you have to differentiate your product to survive. That in my view is the fundamental incompatability between a for-profit company and GPL'd software. That's not to say that there aren't a lot of companies using F/OSS software, but many of them (if not most) are avoiding triggering the GPL and are just using GPL'd code as if it were licensed under BSD and are not contributing anything back.

      The bottom line is that you should not assume that licensing your code under the GPL or contributing to a GPL'd project will keep you from being ripped-off. It won't.

    9. Re:Stop your bitching by ClosedSource · · Score: 1

      But it's not clear that MS is acting unethically in this case. The "ethics of Open Source and Free Software" to the extent that they are explicitly defined at all, are just the opinions of a group of people. They decided to forego their IP rights somewhat and created a license to control access to their created works. If that license is flawed and doesn't fully represent their intent, is it unethical for others to take the license at face value? Is there really any individual that has been elected by all the F/OSS contributors to speak on their behalf on ehtical matters anyway?

    10. Re:Stop your bitching by Bruce+Perens · · Score: 5, Informative
      The purpose of section 7 of the GPL (and the rest of the GPL, which reinforces section 7) is that we must all hang together or we will surely hang separately. It's written to prohibit any one party from making a patent deal that the rest of the community will not benefit from. Novell's deal surely, clearly, inarguably violates the spirit of that - and that's a very clear message to the people who gave Novell that license. I contend that it also violates the letter.

      Thanks

      Bruce

    11. Re:Stop your bitching by cranos · · Score: 1

      Well if they're not distributing then thats perfectly fine. However if they are and not distributing the source then they have issues, D-Link probably being the latest example of a company trying to get around the GPL and losing.

    12. Re:Stop your bitching by Anonymous Coward · · Score: 0

      Bullshit. First, Novell isn't making deals on behalf of others.

      From Novell: "Under the patent cooperation agreement, Novell's customers receive directly from Microsoft a covenant not to sue. Novell does not receive a patent license or covenant not to sue from Microsoft, and we have not agreed with Microsoft to any condition that would contradict the conditions of the GPL."

      So you are completely incorrect. Novell is making deals not for themselves, but for their customers (others). As far as I am aware, Novell does not have power of attorney to act on behalf of these people. So the deal is, to use your terms, Bullshit...

    13. Re:Stop your bitching by nacturation · · Score: 1

      "First, Novell isn't making deals on behalf of others."

      well, yes, they did. the deal was done on behalf of Novell's customers.


      Keep in mind that the 'others' under discussion is not a company's own customers. Your statement is a tautology -- every company makes deals on behalf of its customers.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    14. Re:Stop your bitching by Bruce+Perens · · Score: 1
      have gone out of their way to paint this deal in as negative a light as possible, without actually knowing what Novell's intent is.

      I have read all of the legal documents that have been disclosed.

      Regarding their intent, we have the individual contributor agreement, which I think it's fair to call a fraud. It's a promise revocable at any time, which is sufficient reason to label it fraud, and on top of that only applies to people who don't distribute their software. IMO this is sufficient evidence that their intent is to do us any ill that is required for cash, and to leverage Novell sales on patent FUD.

      And of course, there's still the issue that Novell is perfectly free to release open source code under a license other than the GPL

      If they have it. I'd just love to see them have to retrofit the BSD C library to their Linux distribution in time for the next release, and distribute a proprietary Intel compiler.

      And by the way, what are Novell customers supposed to do in 5 years when this deal expires? Do they think that Microsoft will be nice to Novell then?

      Bruce

    15. Re:Stop your bitching by fatphil · · Score: 1

      I read section 7 several times, and, from a black-on-white standpoint, I don't see it. Insidious, definitely, but I don't see any current actual violation of the wording of the license itself. Of course it points toward *future* issues, a veritable minefield, but they will have to be addressed when clauses are concretely being violated. Before that time, hopefully, everyone's followed Petreley's advice, and retreated way back from SuSE, to more ethically sound distributions.

      I'll read the other links in the collection you pointed to on Technocrat. Thanks.

      --
      Also FatPhil on SoylentNews, id 863
    16. Re:Stop your bitching by Bruce+Perens · · Score: 2, Interesting
      I think the key to winning this in court would be to discover in a court proceeding the un-published agreement between Novell and Microsoft and to make a case to the judge that the agreement between the two parties and the actions that they are to take under those agreements have the same effect as a license. It seems pretty clear to me that the circumlocutions they have gone through - covenants with each other's customers rather than each other - have no intent other than to provide the effect of a license while creating a legal fiction that no license exists.

      Bruce

    17. Re:Stop your bitching by Freed · · Score: 1

      The big difference in this deal wrt ethics is that people expect nothing good from MS here but Novell OTOH positions itself as a company with both customers and a community. The deal is widely seen as betraying a part of that community in exchange for enabling Novell to hurt its competitors. So MS is somewhat out of the ethical scope, whereas Novell is seen as having acted unethically.

      You say that the ethics of FOSS is just opinions, but how is it different here from ethics of other things? Ethics is more than just opinions. This summary of the free software movement touches on some of these considerations.

    18. Re:Stop your bitching by Anonymous Coward · · Score: 0

      ..except that's not what's going on. This is about two companies agreeing to allow each others' customers to use patented software for five years. If you wish to forbid this, you'd better put a clause in the GPL3 and start releasing software under it. Meanwhile, you can dance around the words "intent" and "spirit" all you want, but good luck finding a judge who is willing to listen to the "spirit" of contract law.

    19. Re:Stop your bitching by ClosedSource · · Score: 1

      You're right, there's always a difficulty with creating "universal" ethics. On the other hand, anyone who knows of Novell's history shouldn't expect them to be more "ethical" than any other company.

      The problem with the "free" software movement (in the context of ideals) is that it isn't purely a moral one. It chose to use ethically-neutral legal tools to further it's agenda and just as it didn't need any ethical approval from society to create the GPL it shouldn't expect ethical behavior (as it uniquely defines it) from society beyond the "letter of the law".

    20. Re:Stop your bitching by init100 · · Score: 1

      And by the way, what are Novell customers supposed to do in 5 years when this deal expires? Do they think that Microsoft will be nice to Novell then?

      In any case, I don't think Ron Hovsepian will be there to take the blame. He came in as a new CEO, almost immediately started negotiations with Microsoft, and will probably move on before any of the effects of the deal could stain his resumé.

    21. Re:Stop your bitching by Freed · · Score: 1

      I agree with you about MS here but not about Novell. They speak of a community, creating expectations of ethical behavior. How can this be denied?

      Are all legal tools ethically neutral? What about the Constitution? Should there be never be expectations of society beyond the letter? How do we draw the line among these tools?

      The preamble of the GPL clearly sets up expectations of ethical behavior, so it is natural that the movement holds these expectations and speaks out when the expectations are not met by those who wish to associate with free software.

      I cannot deny there are problems with the movement, but you will find that taking issue with its ethical positions will involve taking issue with very reasonable assumptions. Don't read this kind of stuff unless you are willing to have your own assumptions challenged vigorously. Rebuttals to that kind of stuff would be interesting.

    22. Re:Stop your bitching by ClosedSource · · Score: 1

      The existence of a community doesn't imply any particular level or type of ethics. There are plenty of communities that we might consider unethical.

      Keep in mind that distributing GPL'd software requires an agreement to follow the terms. Agreeing to terms is not the same as agreeing with the principles they are based on. If you ever have rented an apartement, you have probably agreed to a rental agreement, but it's not likely that every provision of the license you agree with in principle.

      It's likely that the GNU libraries contain some BSD'd code. This is perfectly legal since the BSD license allows the software to be extended without restriction. Does the fact the FSF doesn't follow the spirit of unrestricted contributions that the BSD license is based on mean that they are unethical or are merely following "letter of the law"?

    23. Re:Stop your bitching by JabberWokky · · Score: 1
      The existence of a community doesn't imply any particular level or type of ethics. There are plenty of communities that we might consider unethical.

      What one thinks doesn't matter, the ethics of certain situations are relative. What is appropriate and expected at Rocky Horror is not at a formal family wedding. Other than the rice, at any rate. The community ethics referred to here are those of the OS/FS communities. Which of course brings us to your point...

      Keep in mind that distributing GPL'd software requires an agreement to follow the terms. Agreeing to terms is not the same as agreeing with the principles they are based on. If you ever have rented an apartement, you have probably agreed to a rental agreement, but it's not likely that every provision of the license you agree with in principle.

      Which is the initial "if it's legal, it's okay" argument. That's fine if you're purely approaching it from a legal standpoint, but if something happens to an apartment I'm renting and it's clearly my fault, I'll take responsibility... even if it's not legally required. Why? Because when I agreed to become a tenant, I took upon myself legal and ethical responsibilities. I can't simply find some loophole and screw them over, even if it's legally allowed. The relationship expected is pretty clear: they let me stay there and I pay them and treat the place decently.

      It's likely that the GNU libraries contain some BSD'd code. This is perfectly legal since the BSD license allows the software to be extended without restriction. Does the fact the FSF doesn't follow the spirit of unrestricted contributions that the BSD license is based on mean that they are unethical or are merely following "letter of the law"?

      Containing some code is generally seen as okay. Taking a BSD library and merely adding a couple lines of code and releasing it under GPL is generally seen as not okay. That would be an example of the generally accepted ethics of the OS/FS community. You can, of course, do exactly that, but many would see that as being on par with... oh... say... making a deal with Microsoft to protect your distro from patent lawsuits while leaving derivatives liable. It may be legal, but it certainly doesn't fit the whole "the code is shared and everybody can use it equally" ethics common to most Free Software and Open Source licenses. They may handle the details and caveats differently, but the fundamental "share equally" idea is there in pretty much all of them, a core concept that this deal goes against.

      To take something that somebody freely gives you and use it in a manner contrary to what is expected is legal and also wrong, no matter if it's taking and then selling soup kitchen food, pawning an engagement ring to fund running off with another guy, or taking money your grandmother gave you to pay for college and running off to Las Vegas with it. All of that said, here's the final and key point I want you (ClosedSource) to consider:

      Is it unethical? Drop the legal argument for a moment. You're certainly in the right that it's legal. Ignore the easy question for a moment. Is this move by Novell an unethical one under the "share equally" philosophy of Free Software and Open Source? The legal question is simply boring... the real interesting debate is "does this violate the intent of the people who freely made this for Novell to use and sell?" There's no clear answer there.

      --
      Evan "I certainly have no answer" E.

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    24. Re:Stop your bitching by morganew · · Score: 1

      This is not a tautology - in fact, the agreement passes the rights downstream to customers. This is not the same as Novell obtaining the rights just for its products.

      --
      A sig?!? I don't think so.....
    25. Re:Stop your bitching by Anonymous Coward · · Score: 1, Informative

      "two companies agreeing to allow each others' customers to use patented software for five years"

      No. They don't say that. Novell explicitely say that they do not currently use patented code, and they never will. (See Miguel's recent blog about Mono).

      It's part of the game. They dance around the "license" without mentioning it, and around the patent issue likewise. Here's what they let us know about their deal:

      1. We have customers, and you have customers.
      2. We have code, and you have code.
      3. We have EULAs, and you have EULAs.
      4. We have patents, and you have patents. (Which specific ones, doesn't matter here).
      5. If *you* use *your* code with *our* patents, and we use *our* code with *your* patents, then we will not sue *your* _customers_ for using *our* patents if *you* do not sue *our* _customers_ for using *your* patents.
      6. But we are not saying that you can use our patents, and you are not saying that we can use your patents.
      7. How and which of our patents got into each others' software shall remain confidential.
      8. Nevertheless we (MSFT) will pay you $US 300 million, for allowing our customers to use our software and not be sued for using your patents and you (NOVL) will pay us $40 million for allowing your customers to use your software and not be sued for using our patents.
      9. We may threaten your customers (hey, just kidding) and you may threaten ours (hey, just kidding). Together we can threaten everyone (no kidding here!).
      10. We don't give you permission to distribute your software with our patents, but just do what you like.
      11. You don't give us permission to distribute our software with your patents, but just do what we like in any case.
      12. That complicated GPL is irrelevant.
      13. In 5+ years (after January 1st, 2012), at the latest, everything may be different again.

    26. Re:Stop your bitching by Freed · · Score: 1

      The merit of the community's ethics does not figure into the question, "Did Novell act ethically?" It is enough to note that the community believes in not trying to circumvent the licenses on which it depends. This is part of an implied social contract that Novell violated, i.e., they acted unethically. Seeing this does not require believing in free software.

      I agree about terms versus principles but cannot see how this makes expectations and reactions about noncompliance on principles unnatural or wrong.

      Unlike the Novell deal, the GNU library scenario involves no effort to get around carefully crafted constraints that uphold an ethical standard. However, if one were to go to great effort to circumvent such a careful license in order to put code under the GPL, I would consider that unethical.

      I will admit that taking a large chunk of BSD code, adding a couple of lines, and then GPLing it would seem unethical.

    27. Re:Stop your bitching by ClosedSource · · Score: 1

      "Which is the initial "if it's legal, it's okay" argument."

      I think it's a different argument, but if you want to take the 10,000 foot level view, your argument really boils down to "Do what is advantageous to use regardless of what we actually agreed on".

      "Containing some code is generally seen as okay. Taking a BSD library and merely adding a couple lines of code and releasing it under GPL is generally seen as not okay. That would be an example of the generally accepted ethics of the OS/FS community."

      Yes, but it's the ethics of the code "borrower" that matters to you when the borrowing is being done by the OS/FS community, but when it's been done by somebody else it's not their ethics that matter in that case. Again, it isn't a consistent position, it's just a matter of claiming that OS/FS point of view is all that really matters.

    28. Re:Stop your bitching by ClosedSource · · Score: 1

      "This is part of an implied social contract that Novell violated, i.e., they acted unethically"

      I think passing an ethical judgement on the basis of "an implied social contract" is a bit shaky.

      "I will admit that taking a large chunk of BSD code, adding a couple of lines, and then GPLing it would seem unethical"

      I don't see how the number of lines or percentage of lines affects the ethical evaluation in any way. I'm not saying that GPLing BSD code is unethical, I'm just saying that it's unethical to the same degree that merely following the "letter of the law" with respect to the GPL would be unethical. As I implied in another post, I think that some within the "free" software movement think that their goals transcend other people's ethics.

    29. Re:Stop your bitching by Freed · · Score: 1

      I think passing an ethical judgement on the basis of "an implied social contract" is a bit shaky.

      That's odd, considering that social contract theory is fundamental to ethics; the connection is solid.

      "I don't see how the number of lines or percentage of lines affects the ethical evaluation in any way. I'm not saying that GPLing BSD code is unethical, I'm just saying that it's unethical to the same degree that merely following the "letter of the law" with respect to the GPL would be unethical. As I implied in another post, I think that some within the "free" software movement think that their goals transcend other people's ethics."

      Assume that GPLing BSD code is unethical and that the resulting code is, say, a million lines of code under GPL. Case A is all BSD code except for one LOC. Case B is one LOC of BSD. I claim that case A is unethical to a greater degree than case B. We will have to agree to disagree on this for now, I guess.

      You seem not to recognize an ethical distinction between some trivial and substantial cases. Violating the spirit of the BSD takes no thought; doing the same to the GPL involves a team of lawyers and much consideration. Violating spirit by a fraction of percent of code is the same to you as violating by nearly all of the code.

      I agree there are groups of people who believe in the transcendence of their goals. Indeed, another example is that one of these groups believes that proprietary software should exist, which requires the transcendence other people's ethics that include helping their neighbor.

      I believe the big divide here has much to do with differing opinions on the role of copyright monopoly powers granted by the government.

    30. Re:Stop your bitching by IgnorantGuru · · Score: 1

      The day after I read about the Microvell deal, I began removing SUSE from my systems and installed Kubuntu. Done deal. No bitching.

    31. Re:Stop your bitching by JabberWokky · · Score: 1
      "by somebody else"

      Do you think that a company that produces and sells OS/FS products and funds quite a bit of their development is not part of the community? Quite a bit of KDE came out of the coffers of Novell (and SUSE before them). What then would be the criteria for being a OS/FS company?

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    32. Re:Stop your bitching by ClosedSource · · Score: 1

      "That's odd, considering that social contract theory is fundamental to ethics; the connection is solid."

      I'd say that the role of a social contract in ethics is an ethical question that is still debated, not something that most philosophers have historically agreed upon. In any case, you spoke of an implied social contract which is a weaker form.

      "Violating the spirit of the BSD takes no thought; doing the same to the GPL involves a team of lawyers and much consideration. Violating spirit by a fraction of percent of code is the same to you as violating by nearly all of the code."

      I don't think you understand what "violating the spirit" really means. It's not about quantities or about how easy it is to do, it's about not following a general principle.

      "I agree there are groups of people who believe in the transcendence of their goals. Indeed, another example is that one of these groups believes that proprietary software should exist, which requires the transcendence other people's ethics that include helping their neighbor."

      One difference is that those who support proprietary software rarely brand the "free" software folks with labels like "evil" the way "free" software proponents often do. If you're going to claim moral superiority, you need to demonstrate it beyond your own special interests.

    33. Re:Stop your bitching by Freed · · Score: 1

      "I'd say that the role of a social contract in ethics is an ethical question that is still debated, not something that most philosophers have historically agreed upon. In any case, you spoke of an implied social contract which is a weaker form."

      I'd say that SC, ontological, and utilitarian are more useful than most other approaches. Implied SC may be weaker but it's very much the norm and its existence here unsurprising; judging from the outcry out there (like from respected leaders from Samba) over this cockup, I'd say the contract is (rather was, sadly) very strong here.

      "I don't think you understand what "violating the spirit" really means. It's not about quantities or about how easy it is to do, it's about not following a general principle."

      You are conflating my understanding of violating the spirit with my opinion of degrees of unethical behavior. I previously discussed principles and moved on to degrees, which I know are not particular to spirit. "Quantities" is a nice attempt to belittle my point, but you know that "proportion" is more indicative of what I was getting at. As already pointed out to you by another poster, proportion happens to be a widely held criterion by the community in this context. If you disagree that it is widely held in the FOSS community, again we will have to agree to disagree about this.

      Otherwise, if you agree, then I challenge you with the following scenario. Case A is adding a line of BSD-licensed code to a GPLed kernel and releasing the kernel under GPL, thus violating the spirit of the BSD license. Case B is the Novell/MS deal. I claim that A is less unethical than B. In particular, A is just a triviality and not even worth a yawn; in B, however, Novell violates an implied social contract between itself and a community that Novell itself asserts the existence of. Do you disagree that A is less unethical than B? If so, then you will have to explain that the Samba reaction is not what it seems--outrage at feeling cheated.

      "One difference is that those who support proprietary software rarely brand the "free" software folks with labels like "evil" the way "free" software proponents often do. If you're going to claim moral superiority, you need to demonstrate it beyond your own special interests."

      I like how you jump from these kinds of proponents to "you". I only notice it because the manipulative skill behind your previous remarks has put me on edge. But let's get to the interesting stuff. "Evil" and "good" are used in ethical discussions, so it is unsurprising that a movement which espouses certain ethical positions will include commentary on good and evil things. Where is the discussion of ethics about software development among the proprietary folks? The claim is about what is ethical behavior; people can make it into what they will, of course. Disagreeing with the claim puts one at odds with important points made in the gnu.org document that I cited previously. Naturally, the urgency of the claim will rise with the dominant role of software in the world. I am confident that the more people educate themselves on copyrights, patents, constitutional rights, etc., the fairer and more just the world will be. Greater freedom will just be one of many ensuing benefits.

      I guess a more benign view is that proprietary software just seems to be an outmoded business model--MS themselves are backing away from it, if slowly. Think of how new the digital age is; some just consider proprietary software as a bump on the road.

    34. Re:Stop your bitching by ClosedSource · · Score: 1

      You are conflating my understanding of violating the spirit with my opinion of degrees of unethical behavior. I previously discussed principles and moved on to degrees, which I know are not particular to spirit."

      You certainly spoke of degrees in relation to "violating the sprit", I didn't conflate anything. You need to review what you wrote.

      ""Quantities" is a nice attempt to belittle my point, but you know that "proportion" is more indicative of what I was getting at."

      Not at all. I just happened to use the word "quantities", I'm quite happy arguing the case with the word "proportion" instead. In my view "proportion" is a legalistic way of thinking.

      "As already pointed out to you by another poster, proportion happens to be a widely held criterion by the community in this context. If you disagree that it is widely held in the FOSS community, again we will have to agree to disagree about this."

      Perhaps we're not talking about the same thing. I'm talking about consistent ethics on the part of the community where the word "ethics" is not limited to the community's definition of the word. In my view, the question of whether something is or is not "widely held within the FOSS community" is irrelevent to the issue of ethics in a broader sense.

      "I like how you jump from these kinds of proponents to "you". "

      Just sloppiness on my part. I should have said "one" but it sounds so formal.

      ""Evil" and "good" are used in ethical discussions, so it is unsurprising that a movement which espouses certain ethical positions will include commentary on good and evil things."

      Sure, but in evaluating the morality of such a movement, one must look at their behavior with respect to ethics without merely accepting their definition of the word.

      "Where is the discussion of ethics about software development among the proprietary folks?"

      Just look at your argument about movements for the answer. Most organizations that make proprietary software don't consider that they are on a moral quest, so they don't see "evil" hiding in the bushes. That's not to say that they are immoral, they just have a conventional view of ethics.

      "Think of how new the digital age is; some just consider proprietary software as a bump on the road."

      I'm not sure what your definition of the "digital age" is, but the "free" software movement has been around for only a tiny fraction of software development's history, so it better qualifies as the "bump on the road" at this point in time. It may turn out to be more someday, but it's too early to say so now.

    35. Re:Stop your bitching by Freed · · Score: 1

      "Perhaps we're not talking about the same thing. I'm talking about consistent ethics on the part of the community where the word "ethics" is not limited to the community's definition of the word. In my view, the question of whether something is or is not "widely held within the FOSS community" is irrelevent to the issue of ethics in a broader sense"

      Yes, my claim is narrower: a social contract was broken, an unethical thing done. And yes, I agree about the irrelevance in the broader sense. A broader argument about this deal is interesting; however I do not see the practicality considering that the uproar seems to be largely within the FOSS world.

      "Just sloppiness on my part. I should have said "one" but it sounds so formal."

      Oops--my bad. Sorry, man, I was too wound up--no formality needed. :)

      "Sure, but in evaluating the morality of such a movement, one must look at their behavior with respect to ethics without merely accepting their definition of the word."

      Well you can evaluate such morality if you want. My preference is to focus on their claims. Indeed, I am repulsed by some of the behavior of some in the movement. But I consider these to be independent concerns; even if they immediately became total hypocrites, the validity of the claims themselves would not be affected. I would evaluate the claims as I do now, hopefully learning more about copyright, etc. If I tried to evaluate the morality of the movement, part of the criteria would be the claims themselves. But I will leave that up to someone else. :)

      "Just look at your argument about movements for the answer. Most organizations that make proprietary software don't consider that they are on a moral quest, so they don't see "evil" hiding in the bushes. That's not to say that they are immoral, they just have a conventional view of ethics."

      I think a lot of it is simple ignorance--uncritical acceptance of phrases such as IP. But I will pick on a non-ignorant bunch, say, in MS. Many of their employees, say "softies", may feel that producing proprietary software is not unethical, but I know the kind of smart people who work there and I simply assume that some of the softies know about what the FSF is talking about and yet reject it. On what grounds? I have noticed among them intense objectivist stances. IMHO, a far more constructive debate would focus on the interpretation of copyright.

      "I'm not sure what your definition of the "digital age" is, but the "free" software movement has been around for only a tiny fraction of software development's history, so it better qualifies as the "bump on the road" at this point in time. It may turn out to be more someday, but it's too early to say so now."

      I'd say that the movement organized and politicized an existing tradition out of which profound technological progress was made. The software patent mess, DMCA, Trusted (aka "Treacherous") Computing, and many more threats from heavily funded lobbyists could kill the movement, so, yes, it's too early to say.

    36. Re:Stop your bitching by ClosedSource · · Score: 1

      I don't want to argue this endlessly, so I'll just focus on one comment you made:

      "I'd say that the movement organized and politicized an existing tradition out of which profound technological progress was made."

      This one of the great myths of the "free" software movement: that historically technological progress was made through a tradition of non-proprietary openness. Along with the proprietary realities there has always been a tradition to share ideas, but there was never a political aspect to it and it beared little resemblance to the control-oriented practices of the "free" software movement.

  7. What's the problem? by October_30th · · Score: 2, Interesting
    I don't see what the big problem is. If you've written software, you've probably released it under a license. Neither Novell or Microsoft can legally break that deal.


    So, what's the problem?

    --
    The owls are not what they seem
    1. Re:What's the problem? by BillyBlaze · · Score: 1
      Well, the problem is that they can illegally break the deal, or break the spirit of the deal but get away with it on a technicality. Specifically, if you released software under the GPL, part of the deal was that you give recipients of the software (for example, Novell) the right to any of your patents embodied in the software. You also said that if Novell modifies the software, they have to extend the same deal to anyone getting it from them. In other words, Novell can't add their own patented stuff to your software, wait until you integrate it, and then let only their customers use their patents, which would effectively usurp control of the software's use.

      So the problem is, people fear the following will happen: Novel (probably unintentionally) integrates something Microsoft has a patent on. Years later, Microsoft starts suing open source users who are now using this patent, but not Novell's users, who are protected by the deal. Suddenly the only way to legally use the software is to get it from Novell or Microsoft. This might not have a profound effect on individual users, but most companies are scared to death of (the vague threat of) getting sued by MS, so they'd pay up.

    2. Re:What's the problem? by ClamIAm · · Score: 1

      One problem is that it may be hard for some people to actually enforce the terms of the license that the software was released under. I'm really not sure how this would play out, but it would involve courts and lawyers, and such things cost money. And many GPL'd projects are run by volunteers, who usually don't have lots of money.

  8. MS trying to nudge Linus towards GPLv3 by zotz · · Score: 4, Funny

    This is just Microsoft trying to get Linus to reconsider and try and move the kernel to the GPLv3.

    Move along.

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
    1. Re:MS trying to nudge Linus towards GPLv3 by laffer1 · · Score: 2, Insightful

      Not just linus. This could force a lot of people to go to GPLv3 and possible get some last minute revisions in it to try to prevent some things Microsoft may try. The result would be problematic for many open source projects. Software will need to be rewritten in cases where people won't consent to "upgrading" their license. Non GPLv3 projects might not be able to include applications with GPLv3 licensing because of the attempts to stop them from running on drm'd hardware.

      Then again it could just be a lame attempt to get into the linux community which microsoft has avoided for so long. Just don't turn your back on Microsoft and let them stab you.

    2. Re:MS trying to nudge Linus towards GPLv3 by Anonymous Coward · · Score: 2, Insightful

      Maybe some non-GPLv3'ers will come to realize that the world is not as sweet and nice as they once thought... if the GPL license leaves open the possiblity for for the comminuity to get screwed... it WILL happen sooner of later.

    3. Re:MS trying to nudge Linus towards GPLv3 by solferino · · Score: 1

      Nice comment. Insightful (+1) and funny (+1) at the same time.

      It was obviously a stupid move on Novell's part and is already backfiring badly for them but an interesting idea that by trying another of their dirty tricks it might end up being bad for MS as well by making their patent strategy plain.

    4. Re:MS trying to nudge Linus towards GPLv3 by codehead78 · · Score: 1

      The Open Source community's biggest weakness: paranoia.

    5. Re:MS trying to nudge Linus towards GPLv3 by zotz · · Score: 1

      "The Open Source community's biggest weakness: paranoia."

      Hey! Just cause I'm paraniod doesn't mean they're not out to get me!

      Oh, and count me in the Free Software part of the Venn and not in the Open Source part.

      all the best,

      drew
      http://code.google.com/p/drsoundwall/
      A little soundwall app for you DJs out there.

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
  9. WHAT?? by Eun-HjZjiNeD · · Score: 1

    This can only be a good thing for Linux.

    Maybe now well be able to have proper hardware drivers.

    If MSFT wants to sink alot of money into a Linux distro, then all the power to em. If it means ill be able to run Unreal 2007 and halo2 on linux with native support, and autocad and other CAD programs.

    I would like to see a unified package system for Linux as well. Its just a pain in the ass having to compile programs from one system to another. especially when working in the server room wher i just want things to work the best they can without fuss.

    I'm surprised, actually, that MSFT didn't do something like this earlier. It would sure put a choke hold on Apples Unix dominance with sound/music/video industry.

    Although it might just be an early response to Vista. It very well could be the biggest flop that MSFT has released since ME.

    ..shudders.. I feel dirty for even mentioning ME

    --
    ..::ALWAYS : watching::..
    1. Re:WHAT?? by mikesd81 · · Score: 1
      This can only be a good thing for Linux.

      Wrong. MSFT is a snake.

      I would like to see a unified package system for Linux as well. Its just a pain in the ass having to compile programs from one system to another. especially when working in the server room wher i just want things to work the best they can without fuss.

      I guess I'm just naive, but I'm hoping this is what the deal will bring. Everyone crying to drop Suse over this. Let's see where this goes.
      --
      That which does not kill me only postpones the inevitable.
    2. Re:WHAT?? by WindBourne · · Score: 1

      MS does not care one whit about Apple. In fact, the only area that Apple has a real dominance in is the mp3 player and is the major player (but not monopolistic) is the graphic world. Beyond that, MS wants Apple around so that they do not appear to be the big bully.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:WHAT?? by Anonymous Coward · · Score: 0
      especially when working in the server room wher i just want things to work the best they can without fuss

      By "server room" of course, you mean your parents basement.

      Maybe now well be able to have proper hardware drivers.

      Dream on, nerd...

      If MSFT wants to sink alot of money into a Linux distro, then all the power to em. If it means ill be able to run Unreal 2007 and halo2 on linux with native support, and autocad and other CAD programs.

      I was laughing so loud, I think something just burst...

      I would like to see a unified package system for Linux as well.

      Not happening loser...

      I'm surprised, actually, that MSFT didn't do something like this earlier. It would sure put a choke hold on Apples Unix dominance with sound/music/video industry.

      Hehe *sniff*

      ..shudders.. I feel dirty for even mentioning ME

      More the reason to take that long-overdue shower then!

    4. Re:WHAT?? by Anonymous Coward · · Score: 0

      What the fuck are you talking about dude...
      I don't think Linux has many driver problems anymore. The drivers that are there are stable quality drivers and you can easily avoid hardware that don't have drivers at all (manufacturers which can't deliver drivers for Linux are retarded anyway and should be avoided).
      UT2007 (what does UT2007 have to do with Microsoft or Novell anyway?!) is getting a native Linux client and there are a bunch of CAD programs for Linux as well (simple and professional ones). Halo is a shit game and halo fanbois (yes.. fanbois) should be shot. They're the worst.
      There is a unified package system for Linux: Source tarballs.

      On a side note for the Microsoft/Halo fanboi fucks.. Guess on what platform all the special effects for the Halo the movie (not yet decided to be cancelled or not wtf.. who gives a shit: blah) will be done.

    5. Re:WHAT?? by b0s0z0ku · · Score: 1
      autocad and other CAD programs.

      Under Windows emulation? No thanks. The sad thing was that there was a UN*X native version of AutoCAD until 1997 or so.

      -b.

    6. Re:WHAT?? by chill · · Score: 1

      CAD on Linux has nothing to do with Microsoft at all. Cadence, Pro/Engineer, MicroStation, Mentor Graphics and others all run on Linux as native tools. All serious CAD runs on Unix and Unix-like OSes. AutoCAD is the only major exception, and hell, they don't even have a 64-bit version out, yet. However, a bunch of Autodesk's other products, like Maya, run Linux just fine.

      You'll never get those games to run on Linux decently because they are based off of DirectX and not something platform neutral, like OpenGL or SDL. Do you expect Microsoft to give up DirectX, because it would never be a first class product for Linux. Never. It would always be a bastard step-child.

      Good, commercial games CAN run on Linux. Take Neverwinter Nights, Doom 1, 2 & 3, Quake 3, Descent 2 and America's Army. The only thing stopping the manufacturers from making Linux versions is perceived market share. Why develop for a paltry 5% (or less) of the market when you can develop for the other 95%? Simple math, and having MS back a version of Linux won't help that at all.

      Microsoft does NOT want Linux to become a first-class citizen of the desktop, because that would put it in direct competition with Windows. Windows, I may remind you, is a big profit center for MS.

      --
      Learning HOW to think is more important than learning WHAT to think.
    7. Re:WHAT?? by jamstar7 · · Score: 1
      Everyone crying to drop Suse over this. Let's see where this goes.

      Meh. I didn't use SuSE much before this. Fedora & Ubuntu serve my needs. I understand them. Why would I wanna go to SuSE now?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    8. Re:WHAT?? by Anonymous Coward · · Score: 0
      especially when working in the server room wher i just want things to work the best they can without fuss

      By "server room" of course, you mean your parents basement.

      Maybe now well be able to have proper hardware drivers.

      Dream on, nerd...

      If MSFT wants to sink alot of money into a Linux distro, then all the power to em. If it means ill be able to run Unreal 2007 and halo2 on linux with native support, and autocad and other CAD programs.

      I was laughing so loud, I think something just burst...

      I would like to see a unified package system for Linux as well.

      Not happening loser...

      I'm surprised, actually, that MSFT didn't do something like this earlier. It would sure put a choke hold on Apples Unix dominance with sound/music/video industry.

      Hehe *sniff*

      ..shudders.. I feel dirty for even mentioning ME

      More the reason to take that long-overdue shower then!

    9. Re:WHAT?? by Anonymous Coward · · Score: 0
      You'll never get those games to run on Linux decently because they are based off of DirectX and not something platform neutral, like OpenGL or SDL.
      Unreal Tournament 2007 (Unreal Engine 3.0) has both a Direct3D and OpenGL renderer and it's more than likely Epic will, just like with the other Unreal Tournament games, release the game on Linux (and OSX).
      Surprisingly they even announced that all the development tools will run on Linux and OSX as well. That will make UT 2007 even "more multiplatform" than the ID games because the built in editors for e.g. Quake 4 and Doom 3 only work on Windows (same with the upcoming Enemy Territory: Quake Wars which will get a Linux client as well but again no editor for development on Linux).
      Halo is developed by Bungie which is owned by Microsoft. So it's a no-brainer that you will never see any Halo game on a non-Microsoft platform.

      I personally see more developers go with either OpenGL (+SDL/OpenAL) or even a split path and support both DirectX, to go with the hype and support the Microsoft platform properly (we know how MS likes to cripple their own stuff to make it harder for people who don't want to use their stuff...), and OpenGL (+stuff), to support other operating systems and platforms like the Playstation 3 (which supports a variety of open APIs).
    10. Re:WHAT?? by mikesd81 · · Score: 1

      I don't like Red Hat any more. They do to many things that are just broken. Ubuntu is neat, but for something that has commercial-grade support, I'll stick with Suse. Also I would never run Fedora on a production machine. No matter what Red Hat says, it is Beta for RHEL.

      --
      That which does not kill me only postpones the inevitable.
    11. Re:WHAT?? by McNihil · · Score: 1

      ok lets say that works... Microsoft's next step would be to make the same agreement with other distributions and it can do so for a great while without hurting their own bottom line. This cancerous scheme will definitely push many hard core Linux users into one distribution and thus weakening the Linux community because it wouldn't be as diversified.

      I agree that Novell should be made into an example for future Microsoft Friendly Linux Dists how NOT to engage in dealings with Microsoft.

      The world does not need Microsoft and the sooner we get off if it the better.

    12. Re:WHAT?? by mikesd81 · · Score: 1
      This cancerous scheme will definitely push many hard core Linux users into one distribution


      I don't think it's gonna be a problem for individual hard core users. I think it may force businesses into one distro, but isn't that already the case due to the fact you can buy support from RH (and apparently Oracle) and Suse? (I know I know debian is widely out there too) I don't think to many production servers are running ubuntu or slack.
      --
      That which does not kill me only postpones the inevitable.
    13. Re:WHAT?? by epiphani · · Score: 1

      As I would expect from a seven digit slashdot userid. ;)

      --
      .
  10. Profit model isn't working by ClosedSource · · Score: 1

    I think an agreement like this and Red Hat's recent problems indicate that the business model that has been touted for open source isn't sustainable. Ultimately people won't pay you money for something that they get for free elsewhere. If, in fact, Linux becomes more mainstream, all distros will be easier to use and greater customer experience will greatly reduce the need for the kind of hand-holding that Red Hat provides.

    1. Re:Profit model isn't working by David+Off · · Score: 4, Insightful

      > Ultimately people won't pay you money for something that they get for free elsewhere.

      oh I don't know, it has worked for hookers for thousands of years for much the same reasons people will pay for OS: service level agrements and a no quibble contract

    2. Re:Profit model isn't working by ClosedSource · · Score: 1

      If you think sex without hookers is free you must not have much experience with women. But seriously, for a software product to be adopoted widely, it must not require service agreements for the vast majority of its users.

    3. Re:Profit model isn't working by jimicus · · Score: 3, Funny

      And at least with a hooker you KNOW you're getting screwed.

    4. Re:Profit model isn't working by Thomas+the+Doubter · · Score: 1

      RedHat "recent problems" are a fiction. RedHat is making more money than ever, and the stock is doing better than ever. The Oracle gambit simply echos the old saw: "imitation is the most sincere form of flattery", especially as the market finds that Oracle cannot match RedHat in quality of service. As for Novell - this seems to be an act of despiration on Novell's part, with the lizard now primed to loose out to the hat. Recalling the purchase of Sistina, we may see the day when RedHat buys Oracle!

    5. Re:Profit model isn't working by David+Off · · Score: 1

      > If you think sex without hookers is free you must not have much experience with women.

      I suspect you've just had some bad experiences with women :-)

  11. For Novell, it's all about the money by Salvance · · Score: 4, Interesting

    At a philosophical level, Novell probably didn't want to sign the agreement with Microsoft either ... heck, Microsoft basically destroyed them as a leading software provider. But they're in an unenviable position of trying to turn a profit. That's the double edged sword of large companies getting in the open source game. On one side, they offer massive resources that can champion and push forward technologies that groups working in their spare time cannot. On the other, they must find a way to recoup some of those expenses, which sometimes lead them down the path that we've all worked hard to stay off (namely, software patents, commercialization, and closed sourcing parts of their product).

    Unfortunately I think we'll just have to deal with some closed source Linux programs and some software patents for technologies that required massive investment. The key is to pick our battles - e.g. to ensure that the entire Linux kernel, and all "typical" programs are open source and protected under the GPL (or other similar license).

    --
    Crack - Free with every butt and set of boobs
    1. Re:For Novell, it's all about the money by segedunum · · Score: 2, Insightful
      At a philosophical level, Novell probably didn't want to sign the agreement with Microsoft either ... heck, Microsoft basically destroyed them as a leading software provider. But they're in an unenviable position of trying to turn a profit.
      True, and I think you're closer to the truth than maybe you realise there. If you look at the details and Novell's circumstances, Hovsepian has been looking and working on this Microsoft deal since he took over from Messman. The guy has about as much idea as Messman about how to increase revenue from the Linux business (currently around $15 million give or take - pitiful) and Netware revenues that are in freefall with customers jumping ship. The latter is what a move to Linux was supposed to stop.

      It looks as though Hovsepian has went for this in an attempt to provide a pathetically weak selling point (customers won't get sued - yer!) and to get his hands on a few hundred million which will make Novell's upcoming financial results not look completely disastrous. If that latter point is indeed true, then that really is truly sad, because it means that Novell are simply hopping from one quarter of financial results to another, trying to make them look good, trying to get worried investors off their backs and trying to maintain the ridiculous overheads that they still have as a company.
    2. Re:For Novell, it's all about the money by Anonymous Coward · · Score: 0

      At a philosophical level, Novell probably didn't want to sign the agreement with Microsoft either

      Corporations are not people. They do not have souls and are not capable of being philosophical. They are only interested in making money. In fact, public companies have a legal responsibility to their stock holders to make as much money as they can.

      Novell is gambling here. They are attempting to, at best, exploit a legal loophole in the GPL to provide them value-add. They're gambling on two things: 1) that their trickery will hold up in court 2) that they won't piss off the community so bad that it will impact them more then this value-add provides them.

      Really, none of us can do anything about #1. We all can help make them realize that they made a mistake with #2 though. The more people that make noise about what they're doing the better. The more people that encourage people to move off of Novell software the better. It's the community's responsibility to make sure Novell is aware that this is not an acceptable way to behave.

    3. Re:For Novell, it's all about the money by init100 · · Score: 1

      At a philosophical level, Novell probably didn't want to sign the agreement with Microsoft either ... heck, Microsoft basically destroyed them as a leading software provider.

      Even if we tend to assign human characteristics, such as memory, to corporations, they are not human beings. Microsoft did bad things to Novell in the past, but that was with a different board, a different CEO, etc. The current Novell management probably have no memory of those past Microsoft transgressions, and is thus unable to learn from the Novell's past. And even if there are Novell employees that were there during those transgressions, they might not be in a position to influence the current direction.

  12. Where's Linus durring al of this? by Anonymous Coward · · Score: 3, Interesting

    Where's Linus durring al of this? I mean he's vocal as all hell when the GPL3 drafts start floating around, but on this he's silent?!

    1. Re:Where's Linus durring al of this? by Anonymous Coward · · Score: 0

      He's probably either mad as hell he didn't get the few hundred million dollars (Linus: "FFS, it's called Linux! Get it? It's named after _me_ for a fucking reason...") or waiting for Ballmer to call.
      I think he made it pretty clear he hates free software, the GPLv3 and especially Stallman.
      Some dirty Microsoft money would have gotten him finally out of his misery of having to maintain the pesky little piece of free software of his.

    2. Re:Where's Linus durring al of this? by RLiegh · · Score: 1

      I think that your post is a little too strong for what is actually the case. Linus does not 'hate' Free Software, but he has expressed distaste and irritation over the notion of standing up for princibles when it comes at the expense of developer convience (for example, look at the whole bitkeeper fiasco). I doubt he'd oppose this deal and if he did, it would be for "practical" reasons -not because of reasons having to do with software freedom.

      Lastly, no one is holding any kind of gun to his head, so I doubt that he is in 'misery' when it comes to kernel maintenance. If he was, with his skills and temperment, he'd find a good paying job and say 'nuts to you guys'.

    3. Re:Where's Linus durring al of this? by killjoe · · Score: 1

      Linus hates the FSF and the GPL he probably welcomes this threat from MS.

      At best he is embarrassed that he was been proven wrong again.

      --
      evil is as evil does
    4. Re:Where's Linus durring al of this? by Anonymous Coward · · Score: 0

      You, sir, are a troll.
      Or a complete retard.

  13. Okay, maybe this is just a guess. by Futurepower(R) · · Score: 1

    I know you are asking yourself, self, how could this happen?

    Novell executives were asking themselves, "How can a million dollars worth of bad publicity with a small advertising budget?" "That's it! We'll show a profound disregard for the Free Software community."

    These must be the same guys who bought WordPerfect.

    --
    Summary of Bush administration corruption.

  14. Answer from Novell by Piroca · · Score: 1


    You will be exterminated.

    1. Re:Answer from Novell by mikesd81 · · Score: 1

      Maybe you're trying to be funny, but do you really think Samba will go away? It's come a long way over the last few years and I think Samba is here to stay.

      --
      That which does not kill me only postpones the inevitable.
    2. Re:Answer from Novell by FusionDragon2099 · · Score: 1

      You're not putting enough lack of emotion into it! It's:

      YOU WILL BE EX-TER-MIN-AT-ED!

    3. Re:Answer from Novell by Anonymous Coward · · Score: 0


      O-BEY! YOU WILL ALL BE EX-TER-MIN-ATED!

      (by-pass an-ti-Dalek sla-sh-dot ca-ps fil-ter)

  15. Next step in evolution by SlashGeO · · Score: 1

    Isn't this just the next step in Open Source evolution? I find it hard to believe that no one saw this coming. Imho it was just a matter of time before the community got screwed by commercial interests. It will be interesting to see what the future will bring. Maybe this turns out to be alright (doubtfully) or maybe this is the beginning of a new age of open source development. I for one will be sitting on the edge of my chair and follow the steps of evolution.

    --
    http://www.moerks.dk
    1. Re:Next step in evolution by NineNine · · Score: 1

      Imho it was just a matter of time before the community got screwed by commercial interests.

      How, exactly, is the community getting screwed? The community can happily go on developing whatever they'd like. Just ignore Novell/SUSE if you don't like them.

    2. Re:Next step in evolution by SlashGeO · · Score: 1

      Well you are of course right but I suspect a lot of the code that Novell is using in their products was not intended to be of "value" to Microsoft. Like it or not but a lot of open source software was written because they wanted an alternative to Microsoft products and not because they eventually wanted Microsoft to benefit from it.

      --
      http://www.moerks.dk
    3. Re:Next step in evolution by heinousjay · · Score: 0, Flamebait

      You've obviously missed the main point of the free software movement, which is to destroy the commercial viability of software. Oh, most of them won't say that directly, but it's obvious in their attitude and actions.

      Do your worst with the troll mods. It doesn't change the truth of my statement.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    4. Re:Next step in evolution by Anonymous Coward · · Score: 0

      Screw evolution. There's always thunderbird.

  16. Opposite by NineNine · · Score: 0, Flamebait

    I couldn't disagree more. Being able to go to sleep and not worry about the software is why I don't use Linux in my business. I'm looking forward to being able to try out a Linux that at least has the MS stamp of approval, and am even more excited about using a version that may have been improved by MS. Microsoft has the potential to add a lot of value to SUSE, and at this point, it is the only one that I would consider using in my business (assuming that MS does improve the current offering). I simply cannot stake the livelihood of myself, my family, and all of my employees on what's out there now.

    1. Re:Opposite by Atzanteol · · Score: 1

      Do you actually believe the Microsoft marketing drivel that you just spewed? Honestly? Must Microsoft put their "stamp of approval" on everything you use?

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    2. Re:Opposite by floydden · · Score: 1

      Microsoft=Virus, rootkit, trojans, adware, spyware, keyloggers and other helpful aids
      Linux=few if any virus, rootkits rare, trojans rare, I guess if you really need those and the other helpful Microsoft aids, Microsoft seal of approval is really the way to go.

    3. Re:Opposite by NineNine · · Score: 0, Troll

      We don't have any of that. Try this, instead:

      Microsoft: Supports all mission critical software that we use to run our business.

      Linux: Runs our web site (not mission critical). Supports none of our business software.

    4. Re:Opposite by Omnifarious · · Score: 1

      I don't want Microsoft's stamp of approval on any of my software because that most likely means the software is doing things that help out Microsoft at my expense. That's what it means for all of the software they put their stamp of approval on now.

    5. Re:Opposite by NineNine · · Score: 1, Insightful

      "Yes". "Yes". And "it helps, yes". I need all of my software to run together flawlessly. I can't have some hacked together stuff that that may or may not interact well. So yes, it most definitely helps. In my business, I need an OS that lets us do regular stuff (email, web, blah, blah, blah), but that's not really important. Any OS on any computer will do all of that. My IMPORTANT functions, though... accounting, cash registers, etc. all need to work together perfectly. If they don't, we have to close our doors, and I have to fire lots of people. So yes, I would give significantly more weight to a Linux that has MS's stamp of approval.

    6. Re:Opposite by thc69 · · Score: 1
      Being able to go to sleep and not worry about the software
      is far different from
      Supports all mission critical software that we use to run our business.
      When one loses sleep worrying about their software, usually they're worried about security or stability, not whether or not they were able to get it running -- they already know if they got it running or not.
      --
      Procrastination -- because good things come to those who wait.
    7. Re:Opposite by NineNine · · Score: 3, Insightful

      "At your expense"? Like, what, exactly? If you wrote any OSS code, and gave it away, then there is no expense for you if it is used by Microsoft or anybody else.

    8. Re:Opposite by NineNine · · Score: 0, Troll

      I was responding to the childish troll about spyware and viruses. But no, I'm not worried about security or stability. A firewall and common sense takes care of security. Stability simply isn't an issue with MS products. Stability IS a problem with another product we're using right now, but I'm considering moving that function to a MORE STABLE version of it made by Microsoft.

    9. Re:Opposite by Anonymous Coward · · Score: 0

      Maybe because you DON'T know how to use the other product? By the way, have you ever tried one of the support subscriptions offered e.g. by Red Hat? I don't get why Oracle, IBM and Sun use Linux for their applications, and you don't trust it...

      If all, I think it's childish for you to refuse to investigate other possibilities that don't have any M$ stamp on them.

    10. Re:Opposite by GnuDiff · · Score: 1

      Well, it can go either way.

      Microsoft: runs our users' mail, Active Directory, several of our internal apps and a number of external clients' apps.
      Total servers: 100+.
      Initial costs per server: licences
      Yearly bill: 5 internal support guys + MS support agreements

      Linux: runs about anything else we or our Unix-preferring clients do - Oracle, BEA, Tivoli, etc.
      Total servers: 300+.
      Initial costs per server: nil
      Yearly bill: 7 internal support guys (who also support commercial Unixes I don't mention here as they are a fraction of the total server amount).

      Being a kinda service-providing shop support matters to us and this forks out for around (don't have exact figures on hand, but estimating), ~ $1mln / year to MS. Significant part of the apps we run on Linux are not officially supported by the maker either. Yet they run for years without a prob, the only thing required is having decent support guys.

      I can only sympathize with you being locked into a MS shop, but I am not that sure this move towards "MS certified" will make life better. What has been a trend for some time, is that "mission-critical" software is being recognized as compatible with Linux O/S. Eg. Oracle certifying Red Hat Linux for its databases, etc. What could happen now, is the trend going the other way - developers waiting for Linux being "made compatible".

    11. Re:Opposite by jedidiah · · Score: 1

      It wasn't a "childish troll", it's just the state of things. It's really too bad if the truth isn't something that you can handle. However, the fact remains that the pisspoor security practices of Microsoft have leashed entirely new forms of malware upon the world.

      A Microsoft OS is something you run not because it is good but because the Lemming effect means that a particular bit of hardware or software is only supported on that platform.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    12. Re:Opposite by Joiseybill · · Score: 1

      Agree.

      Microsoft has changed the computer industry. They have made the largest influences leading to the millions of computers being used by the masses.
      Yes, it is a lot of marketing crap. Yes, it is very insecure. Yes, it is a lot of ideas and technology assimilated from other sources. Bottom line - it works enough, cheap enough, easily enough.

      Novell has been declared 'dead' so often it is boring. NetWare has some great security features - one being the basis for AD. Over history, Novell has made a lot of industry deals, and many have turned out bad. Search for Caldera - and you'll find more jokes or lawsuit references than to Novell. Few people even remember Word Perfect existed in the time between version 5.1/DOS and when Corel started marketing it. Scarred, yes - but Novell is still standing. Would these deals be any 'smarter' if someone like IBM or MS swallows your company?

      Last year, before any 'official' announcement - NetWare began down the open-compatibilty path. Most of their major products [ GroupWise, ZENworks, Nsure identity...] are ported to Windows- and Linux- compatible packages. Most of the server products are moving towards a linux core - especially illustrated with a default choice of a LAMP configuration out-of-the box, while most of the client-side works are Windows-centric. This 'deal' is a logical business step.

      Bottom line - MS Windows is on most desktops, and isn't going anywhere. NetWare is a great product with a loyal installed base. Why not find a way to work together and share some profits?

    13. Re:Opposite by Anonymous Coward · · Score: 0

      My IMPORTANT functions, though... accounting, cash registers, etc. all need to work together perfectly

      And you think that they do on windows? You're mad, or lying. Seriously, are you paid to post this drivel?

    14. Re:Opposite by Anonymous Coward · · Score: 0

      Any OS on any computer will do all of that. My IMPORTANT functions, though... accounting, cash registers, etc. all need to work together perfectly. If they don't, we have to close our doors, and I have to fire lots of people. So yes, I would give significantly more weight to a Linux that has MS's stamp of approval.

      Seriously, MS can't do that since they don't sell cash registers. It's the job of the IT manager to put in place a test program to ensure that's the case (or that of your VAR which it's your job to pick). If the best you can do is abdicate from that responsibility and try to foist it off on MS, then I sure hope there's more to your job than that because you're getting overpaid for that part of your job.

      Now admittedly there's not enough qualified people to have a decent IT manager capable of doing that at every organization with less the 30 people. But if you're working for an organization with more than 100 people, they should be able to hire somebody with enough skills that they don't have to rely on Microsoft to blow wipe their nose.

    15. Re:Opposite by NineNine · · Score: 1

      It wasn't a "childish troll", it's just the state of things.

      I'm sorry you're having trouble with Windows. I haven't run into any of that since the Windows 95/98/ME days, though. It's not even on my radar as a potential issue, quite honestly.

    16. Re:Opposite by NineNine · · Score: 2, Insightful

      We have exactly 6 people. We need software that works out of the box, no questions asked. There's little room for error, either as far as time or money goes. Any time spent twiddling with software is money lost. It's that simple.

    17. Re:Opposite by kabz · · Score: 1

      You obviously have a stupidly high perception of the quality of commercial software. Sure, in some cases it might be better than some young open source project, but the big name open source projects may well have many more eyes on the code. Maybe if you show such a strong preference, you would prefer to be stuck with the frankly shady NETBUI instead of TCP/IP. You would be SOL when Micrsoft pulled the plug on it.

      What about Exchange server? Stuck into a complete upgrade and redeployment every 6 months? instead of sticking with the pretty solid SendMail etc.

      As another poster mentioned, you need to select a solution on it's merits. One of the merits of Open Source is access to the source code and the freedom to stick with a particular release if it's business critical. With closed source, you are screwed if MS push a critical update and the older software is 'broken'.

      Novell should not be allowed to act as a Trojan Horse to destroy the GPL.

      "There is nothing we won't do or say to convince people that our way is the way to go." Bill Gates (paraphrased from memory)

      --
      -- "It's not stalking if you're married!" My Wife.
    18. Re:Opposite by NineNine · · Score: 1

      With closed source, you are screwed if MS push a critical update and the older software is 'broken'.

      I'm equally as screwed with OSS software, since I'm not a programmer and hiring a team of programmers is prohibitively expensive.

      but the big name open source projects may well have many more eyes on the code.

      That's nice as far as fixing bugs, but it has nothing to do with functionality, which is my primary gripe with Linux at this point.

    19. Re:Opposite by Omnifarious · · Score: 1

      As an example... the software checks back with Microsoft to make sure that Microsoft thinks the software I'm running was paid for. That's not for my benefit at all, it's there for Microsoft. Similarly their media player will try to keep me from making copies of things and give them to my friends. That's also not for my benefit either, it's for Microsoft's.

    20. Re:Opposite by Anonymous Coward · · Score: 1, Insightful

      > software that works out of the box, no questions asked.

      Are you sure you want to do that?

      You want it to work right out of the box, WITHOUT FIDDLING, and you're using Microsoft software. If you wanted it to work 'out of the box', at least use a Mac.

    21. Re:Opposite by Anonymous Coward · · Score: 2, Insightful

      Yet you do 'porn stuff' and your website is down.

      Yay for Microsoft indeed....

    22. Re:Opposite by kclittle · · Score: 2, Funny

      Ah, you must mean the iCashRegister application suite.

      --
      Generally, bash is superior to python in those environments where python is not installed.
    23. Re:Opposite by BlueStrat · · Score: 5, Insightful

      I can't have some hacked together stuff that that may or may not interact well.

      If this is the case, then you're definitely using the wrong solution. MS only interacts well with MS (if even then..interoperability in MS solutions isn't universal or without its' own problems), with only a few exceptions. Even those exceptions are usually a result of the work of people outside of MS, reverse engineering things with, at the very least, no help from MS...that is, if MS doesn't actively work through multiple means to impede or halt any such efforts outright.

      One of F/OSSs' main strengths is the ability to interoperate without artificial barriers for the sole purpose of increasing corporate profits, lock-in, and marketshare.

      There are F/OSS alternatives available already to accomplish everything you've cited. I know, I've done it. A few minutes' googling will usually result in multiple F/OSS apps/systems/OSs, etc to accomplish a given task. That you chose the MS solution is just that; *your* choice.

      However, saying that you have no choice in order to stay in business and/or avoid firing employees is disengenuous. There *are* choices, you just *chose* not to avail yourself of them. Citing "peace of mind" and "interoperability" as reasons is facetious, as it has been widely acknowledged that both qualities are present in spades with current non-MS approved/certified F/OSS solutions.

      If you're so concerned about the welfare of your employees, perhaps the money you could save using F/OSS solutions could be used to hire more employees or increase benefits/pay rates of current workers.

      Just my 0.02

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    24. Re:Opposite by truedfx · · Score: 2, Insightful

      "Not for your benefit" != "at your expense".

    25. Re:Opposite by shywolf9982 · · Score: 2, Interesting

      I don't have any idea of what your business is, but my personal experience points right in the opposite direction.

      I work for a design, communication and advertising agency, and we've used Windows for our storage systems before the society was reorganized (putting me in charge of IT).

      With windows, we had load of problems:

      • software RAID support sucked: we don't have the money to buy SCSI server that satisfy our storage requirements (2TB, RAID 5) and our experience with SATA hardware RAID has been unpleasant. But if you let the os do, you get a bandwidth on file transfers that is simply too low (note that people work directly on server, due to ceratin security/privacy policies we have to follow)
      • Exchange has been a pain in the ass all way long. Works perfectly unless someone asks you to retrieve some mail he accidentally deleted out of the backups. A single mail? Are you sure you don't want to rollback your server configuration to the time of the install?
      • Mac cannot be integrated too well
      • Updates being a general pain in the ass: Windows 2003 Server tried several times to install updates for MSDE SQL Server 2000, despite the fact that was not installed on the system, and making the update process fail at every iteration.

      Since we do webdeveloping aswell, we didn't had much time to lose after the servers administration: once you get them up and running, they shouldn't need to be checked every day for hours.

      Windows sadly, was a whiny bitch and constantly asked for some attention.

      Since I switched to Fedora Core for all the servers, none of the above problems have surfaced, except an hardware failure on our router (an old WWI Pentium box, that apparently died from exhaustion).

      So my conclusion is that half of my problems with windows arise from the fact I do not know how it works in detail, and that I find it harder to find solutions for Windows issues rather than Linux issues onto the net.

      This has a precise reason, but I bet you can see it clearly aswell: and from now on, refrain from generically bashing technologies you never tried to use, without giving specific details of what the matter is.

      --
      nbody2002:If you can read this you may be addicted to the internet
    26. Re:Opposite by node+3 · · Score: 2, Insightful
      "At your expense"? Like, what, exactly? If you wrote any OSS code, and gave it away, then there is no expense for you if it is used by Microsoft or anybody else.
      Yes, there is. The expense is the initial work put into it, as well as any ongoing and future efforts. If I toss pennies in a fountain, my expense is the same, no matter what happens to the pennies, but I don't want the mall to just pocket the change, I want it to help some charity. In other words, I wanted a charity to benefit at my expense, not the mall.

      Likewise, if I donate my time and effort to an open source project, I want that effort to help others who can make honest use of my code (yes, including Microsoft), but I don't want it to be used as a cudgel against others (or, even, against my own efforts!), the way getting entangled with this Novell+MS plan has the potential to do (and given MS's past history, there's absolutely no reason to give them the benefit of the doubt).
    27. Re:Opposite by iCEBaLM · · Score: 2, Funny

      So yes, I would give significantly more weight to a Linux that has MS's stamp of approval.

      Right, because ATM's, Point of Sale machines, electronic billboards, fight schedule displays and many other business related machines running on MS software has such a proven track record. There certainly aren't any examples around of them failing.

    28. Re:Opposite by killjoe · · Score: 2, Insightful

      "We need software that works out of the box, no questions asked. There's little room for error, either as far as time or money goes. Any time spent twiddling with software is money lost. It's that simple."

      I hope to god you are not using MS software then.

      --
      evil is as evil does
    29. Re:Opposite by Anonymous Coward · · Score: 0

      Right, because ATM's, Point of Sale machines, electronic billboards, fight schedule displays and many other business related machines running on MS software has such a proven track record. There certainly aren't any examples around of them failing.

      Are you suggesting that a Microsoft ATM could fail? That's unpossible!

    30. Re:Opposite by Jah-Wren+Ryel · · Score: 1

      Yes, there is. The expense is the initial work put into it, as well as any ongoing and future efforts. If I toss pennies in a fountain, my expense is the same, no matter what happens to the pennies, but I don't want the mall to just pocket the change, I want it to help some charity. In other words, I wanted a charity to benefit at my expense, not the mall.

      You seem unclear on the concept - whatever is done with the pennies after you toss them into the fountain has absolutely zero impact on any expense that you incurred by throwing them into the fountain in the first place. Your "wants" and "desires" about what happens to those pennies afterwards don't have any effect either.

      --
      When information is power, privacy is freedom.
    31. Re:Opposite by node+3 · · Score: 1
      You seem unclear on the concept - whatever is done with the pennies after you toss them into the fountain has absolutely zero impact on any expense that you incurred by throwing them into the fountain in the first place. Your "wants" and "desires" about what happens to those pennies afterwards don't have any effect either.
      This isn't about causality, I know the future can't change the past.

      The initial question was whether someone wants to help MS "at their expense", and one's "wants and desires" most certainly *do* come into play here. If I don't want to help MS at my expense (for example), even if after my contribution has been made, I *still* don't want to see MS benefit. That's the point. Not that it is somehow going to cost me more after the fact.

      But there's more than just my past expense, there's my present and future expense. Will I want to further contribute to a project that I now know is going to be used against me? If I see the mall owner scooping change out of the wishing well to pay for a meal at the food court, I'm *definitely* not going to want to ever toss in another cent.
    32. Re:Opposite by jeremy_hogan · · Score: 1

      That's not his point. His point is that Suse benefits and is obliged by the GPL. So long as Novell carves out a separate agreement, built on the same GPL base, it will begin to establish a legal fracture in that Novell and MS will have a chance to get courts to uphold their intermingled stack at the expense of others.

      Meaning that a non-MS partner can suffer legal scrutiny, penalties, or at least a chilling effect for the same code that is not under family "protection", despite having the same origins, license and legal status. This allows MS to sue companies one day without seeming anti-competitive, b/c folks will have an ostensibly "legal" path out of infringing.

      What many are afraid of is that this will create a new "legal" use of Linux (which is already legal to use), or create a regime of extortionist threats (or at the very least, some good FUD) about potential patent suits. Thereby making other distros seem "not legal". This suits Novell, b/c they are losing the Linux war, and of course suits MS which now has Novell inside their walls, and they've already put Novell on their asses before, and want the world back the way it was before Novell tried to revive itself. MS doesn't want Novell to succeed, they want Red Hat and everyone else to fail. Novell wants to survive the onslaught and is willing to create any disruption that will bring them favor.

      In actuality, a partnership that was really in the interest of these companies and their customers would be interoperability via APIs and protocols that included patent protections for the codebase, and not the corporate entity. Not misty fictions like "legal" and "not necessarily illegal, until we get a court rulling or two in our favor and sue the crap out of you" deals.

      Neither Linux, nor open source needs anything from MS (or from Novell for that matter) to become what is has become or continue. This is a desperate move by a sad shell of a company and their sleazy rich uncle.

    33. Re:Opposite by ehrichweiss · · Score: 1

      "I'm equally as screwed with OSS software, since I'm not a programmer and hiring a team of programmers is prohibitively expensive."

      You ever stop to consider this crazy concept we call "test environments", "test servers", etc.? You don't put something like that into production immediately, you test the damn thing till you know it's not gonna screw your business up and then and only then do you implement it on your production machines. This is much cheaper than hiring programmers, and it's completely contrary to what M$ would want you to do(since they would also want you to pay for an additional license for your test machine..not a problem for those of us who use Linux). M$ took down my design company for a week after a critical update went totally wrong, so this scenario isn't hypothetical by any means. It is a matter of "when", not "if".

      --
      0x09F911029D74E35BD84156C5635688C0
    34. Re:Opposite by Anonymous Coward · · Score: 0

      "Using my farking bandwidth" = "at my expense"

    35. Re:Opposite by NineNine · · Score: 1

      M$ took down my design company for a week after a critical update went totally wrong, so this scenario isn't hypothetical by any means.

      Sounds like you need to take your own advice and test the updates before applying them to mission critical systems.

    36. Re:Opposite by Jah-Wren+Ryel · · Score: 2, Insightful

      The initial question was whether someone wants to help MS "at their expense", and one's "wants and desires" most certainly *do* come into play here. If I don't want to help MS at my expense (for example), even if after my contribution has been made, I *still* don't want to see MS benefit. That's the point. Not that it is somehow going to cost me more after the fact.

      Then it is clearly up to the person not to give away their efforts in the first place. When you give away code anyone can benefit - nambla, shin-ri-kyo, the pope, or nelson mandela -- anyone. If a person isn't prepared to let everyone use the results of his work, he shouldn't be giving it away in the first place. Just because he may not have thought through the implications beforehand is no excuse.

      But there's more than just my past expense, there's my present and future expense. Will I want to further contribute to a project that I now know is going to be used against me?

      That's circular reasoning, since there is no additional expense incurred by MS's use, by definition it is not being used against you. MS's benefit is not your loss, it is not a zero-sum game.

      --
      When information is power, privacy is freedom.
    37. Re:Opposite by NineNine · · Score: 0, Offtopic

      I took the porn site down. Business stuff. Sorry. It'll probably come back, but it'll be a while. My main business is taking all of my time right now.

    38. Re:Opposite by NineNine · · Score: 0

      without giving specific details of what the matter is.

      That's simple. We currently use Intuit QBPOS for our cash registers and for all of our receiving, ordering, etc. It's a buggy mess. It's slow. It crashes at least once a day. There is no access to the data except through the program itself (closed, proprietary ddatabase). I've been testing MS's RMS product, and it's much better. No stability problems. Better functionality. Hence, I'm probably going to buy MS RMS. It looks like it's the best mid-range point of sale product out there, from what I can see. We use Exchange Server, but I just pay a few bucks a month to let somebody else administer it. So, I've never seen a problem with it. We don't have any OS problems to speak of.

    39. Re:Opposite by Zonk+(troll) · · Score: 0

      I've fixed it for you:

      Microsoft: The vendors that make the mission critical software that we use to run our business support this platform.

      Linux: Runs our web site (not mission critical). The vendors that make the mission critical software that we use to run our business give this platform the finger.

      The blame is not on Linux, it's on the vendors. Complain to them for locking you into a single platform.

      --
      "The Federal Reserve is a fraudulent system."--Lew Rockwell
      End The FED. -
    40. Re:Opposite by Omnifarious · · Score: 1

      Yes, it does. It means at the expense of my ability to give a copies of things to my friends. That ability is pretty important and losing it represents a cost, even it's not a monetary cost.

      And, as someone pointed out, it's costing me bandwidth.

    41. Re:Opposite by node+3 · · Score: 1
      When you give away code anyone can benefit
      Of course, and that's generally the point.

      That's circular reasoning, since there is no additional expense incurred by MS's use, by definition it is not being used against you. MS's benefit is not your loss, it is not a zero-sum game.
      If MS promotes a competing, incompatible standard based on my work in order to circumvent my efforts, they *are* using my work against me. MS has done this many times in the past. HTML and java are two examples.

      With HTML, MS took an open standard that is intended to promote platform independence, and tweaked it to favor MS products (yes, Netscape did the same, both companies were wrong in what they did). With java, Microsoft attempted the exact same thing, and Sun successfully *sued* MS over the attempt. With Linux, and open source in general, how it will play out is uncertain, but if MS is up to their same tricks (and there's no reason yet to give them the benefit of the doubt here), then it's absolutely *certain* that they will be using other peoples' code against them.
    42. Re:Opposite by ShieldW0lf · · Score: 1

      We need software that works out of the box, no questions asked. There's little room for error, either as far as time or money goes. Any time spent twiddling with software is money lost. It's that simple.

      Tough shit. You can't buy software like that. I'd suggest you try a pencil.

      --
      -1 Uncomfortable Truth
    43. Re:Opposite by Achromatic1978 · · Score: 1
      and I have to fire lots of people.

      We have exactly 6 people.

      Not that a small business closing its doors is a non event, especially for those involved ... but you must admit your first example in context was very heavily slanted at describing things as a huge operation, not five people working for you.

    44. Re:Opposite by Anonymous Coward · · Score: 0
      We have exactly 6 people. We need software that works out of the box, no questions asked.

      So why the hell do you use Microsoft software? Microsoft software has its benefits but working "out of the box" is not one of them. Have you ever setup an Exchange server? Or a SQL cluster? You must be out of your fricking mind if you think this stuff works "out of the box".

    45. Re:Opposite by Penguin+Follower · · Score: 2, Insightful
      I need all of my software to run together flawlessly.

      Err - you and I cannot be thinking of the same Microsoft here. I've spent the whole of my professional career supporting Microsoft solutions and just as GNU/Linux have problems so do Microsoft's applications. But on to the next part...

      I can't have some hacked together stuff that that may or may not interact well.

      Ah! Now I see what you really like about Microsoft's products - the "tight" integration of their business applications. This is probably the one thing that keeps businesses from switching. I have to admit that having nearly all of their business apps integrate with Office decently is a nice feature. It works most of the time. MS has had more than a few problems though. Overall, I will agree with you that there are many linux applications that aren't tightly integrated and could use a bit of polishing, but there are many, many programs that despite not being a tightly integrated family of apps, they DO get the job done and do it VERY well.

    46. Re:Opposite by Gorshkov · · Score: 1
      That's circular reasoning, since there is no additional expense incurred by MS's use, by definition it is not being used against you. MS's benefit is not your loss, it is not a zero-sum game.


      *ahem* ........ Can you say "forced upgrades, boys and girls? I knew you could ...."
    47. Re:Opposite by Achromatic1978 · · Score: 1
      hiring a team of programmers is prohibitively expensive

      You mentioned your company has six employees. Microsoft universal support licenses are also prohibitively expensive considered similarly, and also not guaranteed to resolve anything. If you've paid $400 to have someone look into a problem you're having, do you want to hear "Next version/wait for Service Pack/not our fault"?

    48. Re:Opposite by macdaddy · · Score: 1

      One of our local McDonald's drive-through mic/display kiosks had a blue screen on it the other day. The girl at the window said it's been like that for months. They can't fix it and apparently neither can IT.

    49. Re:Opposite by zamboni1138 · · Score: 0, Offtopic

      I love it.

      The +3, Insightful* post: "From your description, you're a prefect client for Microsoft."

      right above the +2, Insightful* post of: "I hope to god you are not using MS software then."

      *Post scores as of this writing.

    50. Re:Opposite by truedfx · · Score: 1
      Yes, it does. It means at the expense of my ability to give a copies of things to my friends. That ability is pretty important and losing it represents a cost, even it's not a monetary cost.
      For those songs that you couldn't copy before, there's no cost. For those songs that you could copy before, does MS's player modify them so that you cannot anymore? If not (and I don't believe it does), it's not at your expense. That doesn't mean MS is doing anything good. It means I don't appreciate misuse of the language to misrepresent actions you disagree with.
      And, as someone pointed out, it's costing me bandwidth.
      That's a fair point.
    51. Re:Opposite by killjoe · · Score: 1

      Well the grandparent was +3 too so it looks like things are pretty well balanced.

      Honestly, who uses windows when they want things to "just work". Everybody know how much time you have to spend getting things to work and stay working in windows.

      --
      evil is as evil does
    52. Re:Opposite by c.scrim · · Score: 1

      Tell the local McDonalds to contact their POS supplier, who has been moving their POS solutions over to Linux

    53. Re:Opposite by Anonymous Coward · · Score: 0

      We need to agree on a standard Slashdot definition for "expense".

      When the subject is music or movie copyright, suddenly IP costs nothing to make and should be freely copyable by anyone because that's what digital technology allows technically, so it should be allowed morally too. The expense to the publishers of someone copying music is supposed to be zero.

      When the subject is GPL code, suddenly it's really worth something and no-one should be allowed to freely copy it without gross restrictions on their use of the code. And now you're saying that if someone does, it has an "expense" associated with it.

      What I don't understand, though, is that when you copy something a business has made then you're actually failing to contribute to that company's bottom line, and may put them out of business. The company has paid studio fees, advances, etc. and while there is a risk involved in all ventures, if people actually use the music then the company should clearly get something back.

      However, if you take GPL code and make a derivative commercial version, you are only failing to contribute back to someone who freely gave their spare time by choice. No money was put down (in most cases) and any "risk" was absorbed by the creator. The software was then put up for anyone to use for free. And yet somehow a real, numerable "expense" is supposed to have been induced when anyone gives the software to someone else with slightly different conditions attached even though the same person can get the original version too.

      So I see a slight inconsistency and forgive me for saying so but the inconsistency just happens to be in the favour of people who can't afford to buy either Windows or CDs - i.e. students.

      So what is it about "information"? Does it "want to be free" or does it want to be bound up with GPL- or DRM-like restrictions on use?

      BTW if you release under the GPL then no commercial organization can use your code. To avoid it being used as a cudgel, you have to also prevent it from being used for legitimate commercial purposes. That is the moral problem with the GPL. It is a paranoid license which assumes all companies are as bad as a few large ones. It would be better to simply not license the code to those specific organizations than to prevent smaller companies from making a proper product from your base code.

    54. Re:Opposite by Omnifarious · · Score: 1

      That is sort of interesting. Most of the things I think they might do that are really serious problems aren't things I know they do. I'm very reluctant to bring up any of those without hard evidence. If I were a reverse engineer and had a Windows box to play with, there are a bunch of things I'd be testing carefully.

    55. Re:Opposite by macdaddy · · Score: 1

      One of our clients makes POS systems for McD's too. In fact the company was a startup from McD's dollars. They've been bought by a Fortune 500 though and I'm not longer assigned to that client. I'm not sure who owns what and what does what anymore.

    56. Re:Opposite by ehrichweiss · · Score: 1

      I did, that's why I suggested such a thing in the first place.

      --
      0x09F911029D74E35BD84156C5635688C0
    57. Re:Opposite by fourchannel · · Score: 1
      That's nice as far as fixing bugs, but it has nothing to do with functionality, which is my primary gripe with Linux at this point.
      You my friend, are very ignorant. I'm not trying to be offensive here, but I must say that you literally do not understand the concepts behind linux. It's a hacker's OS, you can change whatever you want about linux, provided you know how to represent that change in some kind of algorithm.

      If by "functionality" you mean "works out of the box", then that's your view and I'm not gonna beat you with the linux stick cause it took me years to climb the learning curve, and (believe it or not), I hated linux the first time I came across it, I couldn't get X to start. My reaction... "This is a glorified DOS prompt", and proceeded to reinstall Win98. That was in 1999.

      BUT, if you don't mean "works out of the box" then functionality in linux is almost unlimited. OK, there are some Windows specific things that don't work the Windows-way on linux, but you can write your own code and have it DO the same job. It's a matter of knowledge of what's out there to be utilized, and not how much is advertised on the outside of the box.

      And to be truely fair, it's not either linux is better than windows or the converse. Because both OS's run on x86 architecture, so if you wanted to you could write a completely new OS from scratch that does all the crap windows and linux does, It wouldn't be easy though. And Finally, with Windows, if you know how to make your change in an algorithm, then it's possible to do whatever in windows aswell. THE DIFFERENCE is that linux is opensource, so you understand how part X works and you can write part Y to go in it's place and the system runs with it. Windows is not so open, you kinda have to guess as to what it does and how it works. From a purely, hypothetically, technical view, Windows, Linux, OSX (intel), and the rest of the x86 gang, are all capable of doing the exact same things. You have to reach the upper limits of the hacker stratosphere to know how though. Which I don't, btw.

      Maybe one weekend when you have some time, check out Ubuntu Linux (it has noob cushions installed :} but that does not mean it can't do more advanced stuff - I use Ubuntu for my desktop, and 2 webservers), and check out some howto's on setting up server stuff. (HTTP, FTP, SSH, IMAP, etc.) The linux today isn't as rough on the edges as it was in the previous millenium, but it is NOT a "No configuration or understanding needed!" OS. People on the Ubuntu forums will help you out, and if you would like, you can even click on my username and send me an email if you have some questions.

      --
      ---FourChannel---
    58. Re:Opposite by slimey_limey · · Score: 1

      Actually, they do.

  17. Pure FUD by NineNine · · Score: 1, Funny

    It's not about it being against the GPL, it's provide MSFT with an excuse, and an attack point with which to target open source developers.


    That is 100% pure FUD, completely baseless and ridiculous. MS doesn't have a history of doing this, and it makes no business sense that they would do so in the future.

    1. Re:Pure FUD by Knuckles · · Score: 2, Informative

      MS doesn't have a history of doing this

      How do you define this? MS certainly does have a history of playing ugly with competitors (real, potential, perceived.)

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    2. Re:Pure FUD by NineNine · · Score: 2, Funny

      They play hard, yes. So does every other business. So does my business. They do NOT have a history of aggressively suing patent infringers. In fact, they've started promising that they WILL NOT do this. And, they won't have any grounds to do so with this deal, unless there are some GPL programmers stealing code, which apparently rarely happens.

    3. Re:Pure FUD by cHiphead · · Score: 1, Troll

      You seem to be repeatedly spreading the typical MS spin in your several comments in this thread so far. MS *DOES* have a history of doing this, you will not rewrite history on us, especially recent history. Stop reading MS marketing material and open your eyes, ears and mind. And try reading groklaw once a year, you might learn something.

      Cheers.

      --

      This is my sig. There are many like it, but this one is mine.
    4. Re:Pure FUD by fatphil · · Score: 0, Redundant

      "Playing hard"? They've been found guilty in courts of law in several continents of illegal monopoly-abusing business practices. That's not "playing hard", that's "playing illegal".

      --
      Also FatPhil on SoylentNews, id 863
    5. Re:Pure FUD by Mr.+Hankey · · Score: 1

      MS has a rather active recent history of attacking the GPL and software under its license through bad PR. What is being discussed is Novell creating a new legal vector with which Microsoft can attack GPL software developers by poisoning Novell contributions. It makes perfect business sense to them when their server business is at stake. You run MS operating systems exclusively, you've said so yourself. You should know how much it costs to purchase a suite of MS software for your environment. Consider what would happen to Microsoft if a large number of people like yourself and in larger corporate markets stopped paying Microsoft for every new version of Windows/Office/BO/etc and instead went to Linux or another alternative. That's what they are fighting.

      --
      GPL: Free as in will
    6. Re:Pure FUD by NineNine · · Score: 1

      "Playing hard"? They've been found guilty in courts of law in several continents of illegal monopoly-abusing business practices. That's not "playing hard", that's "playing illegal".

      We have lots of unethical and immoral laws in this country. The monopoly crap falls in that category. Just because my government tells me that something is illegal, doesn't make it wrong. It's also illegal to possess marijuana in the US. Does that make it wrong? Up until 1920, it was illegal for women to vote in this country.

    7. Re:Pure FUD by fatphil · · Score: 1

      Your argument is consistent with your premise. We will have to agree to differ when it comes to that particular premise.

      --
      Also FatPhil on SoylentNews, id 863
    8. Re:Pure FUD by NineNine · · Score: 1, Troll

      Sorry, but I just don't think that anti-monopoly laws are ethically or morally sound. I tend to agree with Libertarians on this one. I see it as the government using force to interfere with private property.

    9. Re:Pure FUD by molarmass192 · · Score: 2, Informative

      Being a monopoly is not unethical or immoral. The Sherman Act was not enacted to prevent or dismantle monopolies that are good corporate citizens. There are plenty of examples of regional monopolies that never have any consumer issues. The problem is monopolies who *abuse* their position to *stiffle* the free market. The free market is about providing consumers with the most valuable product, not working against your competition to prevent them from even having a chance to get their product to market. If you want to live in Soviet Russia where there's 1 kind of toilet paper, and 1 kinda of coffee, knock yourself out, I like the free market

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    10. Re:Pure FUD by fangorious · · Score: 0

      And, they won't have any grounds to do so with this deal, unless there are some GPL programmers stealing code, which apparently rarely happens.

      I think you misunderstood something here. Consider this hypothetical, MS holds a patent for some compression algorithm to improve data transfer in the CIFS protocol. Novell developers implement this in the samba packages they distribute with their Linux distribution, and to be compliant with the GPL they release the source code to this addition. Some well-intentioned developer at Samba who wasn't paying attention incorporates Novell's changes into the official Samba release. Microsoft has a covenant not to sue Novell, but they can turn around and sue Samba for distributing an unlicensed implementation of their patent. I'm not saying they will, but legally they can. Steve Ballmer himself has been warning of this type of liability, saying that using Novell products for Linux solutions is the only way to be sure there's no liability.

      Hopefully in this hypothetical the Samba team would sue Novell for copyright infringement. By distributing a derivative version of samba which is restricted by patents, Novell would be in violation of the GPL. Current copyright law in the US precludes Novell from distributing samba without acquiring a new license that would allow the incorporation of software restricted by patents.

      The best outcome of this deal would be for enough watchdogs to sue Novell at evey turn to keep them from tainting any GPL products with code covered by Microsoft patents that are not freely licensed to all for redistribution. That would end up with Microsoft giving Novell $350 M and Novell gaining no competitive advantage in regards to Windows interoperability. Novell could only use such restricted patents in closed source modules built on top of GPL software (like nVidia and Ati proprietary drivers that use an open source kernel driver shim), and that would potentially mean anyone can buy just those modules from Novell to run on any Linux distribution they want.

    11. Re:Pure FUD by Anonymous Coward · · Score: 0

      And yet you support patent and copyright monopoly laws which undermine everyone's private property? (Intellectual "property" being a propaganda term). What patent and copyright laws say is that EVEN THOUGH my private, physical property can be reshaped by me, I am forbidden from doing so, if the form is such-and-such. They exist to grossly devalue my physical property, plain and simple. This is reflected in the absurd monetary valuation of microsoft corp., which steals value from everyone's physical property with their I"P".

      You're just full of sh*t. But your post history illustrates that adequately for the /. readership.

      Only physical copies of information exist. My copy is not your copy, your possession or creation of a copy should not give you any right over mine!

    12. Re:Pure FUD by ClosedSource · · Score: 1

      The agreement only protects Novell's customers against patent suits, not Novell.

    13. Re:Pure FUD by This+is+outrageous! · · Score: 1
      In fact, they've started promising that they WILL NOT do this.
      Right, what they do have a history of is breaking promises...
      --
      This is...

      O
      U
      T
      R
      A
      G
      E
      O
      U
      S

      !

    14. Re:Pure FUD by fangorious · · Score: 0

      My mistake. But then why would Novell even consider distributing something covered by an unlicensed patent. Seem like the shareholders would have a few objections to that.

    15. Re:Pure FUD by Tim+Browse · · Score: 2, Interesting

      They do NOT have a history of aggressively suing patent infringers. In fact, they've started promising that they WILL NOT do this

      They're Microsoft - they don't need to actually sue patent infringers. They just need to ask them to stop - most organisations don't want a legal fight with MS. Especially if they're just some guy writing an open source application (the example I linked to seems to be a really good case of MS behaving like a jerk for no particularly good reason).

    16. Re:Pure FUD by Anonymous Coward · · Score: 0

      Go. Fuck. Yourself.

    17. Re:Pure FUD by ClosedSource · · Score: 1

      I don't think they want to do that. They want to be able to say to their customers "if you buy Linux from us and it turns out that there's content that violates one of MS's patents, MS won't sue you. If you buy from somebody else like Red Hat, you're on your own". It's basically an insurance policy for Novell's customers.

    18. Re:Pure FUD by Anonymous Coward · · Score: 0

      care to explain why anti-monopoly laws are unethical or immoral? I thought they existed for good reasons...

    19. Re:Pure FUD by nevesis · · Score: 1

      Actually, Microsoft does have a history of attacking Linux and the open source community.

      Further, their dubious business practices are well known. They have been fined by the US, EU, and South Korea.

      See:
      Microsoft declares war on free software model
      Microsoft takes potshots at (Embedded) Linux
      Microsoft launches attack on open source software
      Open-source vendors respond to Microsoft 'attack

    20. Re:Pure FUD by nevesis · · Score: 1

      Using morality to argue against anti-monopoly laws is pretty amusing.

    21. Re:Pure FUD by the+eric+conspiracy · · Score: 1

      We have lots of unethical and immoral laws in this country.

      Yes, and we have a lot of people who ignore a wide range of laws in the pursuit of commercial gain. Some of these people have defrauded millions of consumers, compromised public safety, and destroyed the life savings of their employees. Some, but not most of these people end up in jail.

      In business it is far too often the case that it is not a matter of what the law states, but rather what you can get away with.

      Just because my government tells me that something is illegal, doesn't make it wrong.

      So what are you proposing? That we just go and do what we feel like doing, without consequences? Surely not. Rule of law is paramount for a civilized society to exist. Under all conditions there must be accountability for violation of the law. You seem to feel that the Sherman Antitrust act is immoral. I rather disagree - I do not think that a business or group of businesses acting en masse should be allowed to engage in bid rigging, price fixing and market allocation schemes to artificially raise prices to consumers.

      If you don't like the law, yes you are free to violate it. But not to escape the consequences of this act. Perhaps you can convince others that the law is unjust and get it repealed. This is called progress.

      Microsoft has been found guilty of illegal business practices in many venues, and multiple times. I suspect they intentionally push the law as hard as possible, and live with the consequences. So far the penalties they have suffered have not hurt the company.

      Is that moral and ethical? I think that is a gray area. To some people that is an acceptable way to do business. Others might not agree.

      BUT if you do this you have to realize that it will hurt the public image of your company.

      Microsoft has made thier choice.

    22. Re:Pure FUD by the+eric+conspiracy · · Score: 1

      I tend to agree with Libertarians on this one.

      Libertarians in general oppose monopolies when they interfere with personal property rights through de jure mechanisms. If you agreed with Libertarians you would be calling for the repeal of the laws that allow Microsoft to exist as a monopoly.

      From http://fare.tunes.org/liberty/microsoft_monopoly.h tml#SECTION_1

      Microsoft is CLEARLY such a monopoly because they exist in this position of monopoly due to intellectual property rights. Such monopolies are anathema to libertarians.

      Fram a libertarian viewpoint the agreement with Novell is evil incarnate - it is clearly an attempt to use legal mechanisms to enforce it's de jure monopoly over one of its competitors.

    23. Re:Pure FUD by killjoe · · Score: 1

      "So does every other business. So does my business. They do NOT have a history of aggressively suing patent infringers. In fact, they've started promising that they WILL NOT do this. And, they won't have any grounds to do so with this deal, unless there are some GPL programmers stealing code, which apparently rarely happens."

      Ballmer recently promised to sue people who use linux if it's not SUSE. I for one would take that promise seriously.

      --
      evil is as evil does
    24. Re:Pure FUD by mabinogi · · Score: 1

      Ballmer is a foaming at the mouth lunatic.
      Someone probably forgot to give him his medication before making that statement.

      --
      Advanced users are users too!
    25. Re:Pure FUD by Anonymous Coward · · Score: 0

      They do NOT have a history of aggressively suing patent infringers.

      Really?
      http://www.cdfreaks.com/news/Microsoft-introduces- FAT-file-system-royalty-fee-charges-for-each-hardw are-product-that-uses-FAT.html

      In fact, they've started promising that they WILL NOT do this. And, they won't have any grounds to do so with this deal, unless there are some GPL programmers stealing code, which apparently rarely happens.

      You're confused, patents have nothing to do with code. Patents are concerned with new inventions and devices. In the US, supposedly you can create an "invention" in code (somehow).

    26. Re:Pure FUD by Blakey+Rat · · Score: 1

      Higher-ups at Microsoft are on record saying that they completely disagree with software patents and think the patent system is entirely faulty. The problem is that Microsoft needs to hold patents to avoid being sued by nobody companies that do nothing but sit their asses on patents for 20 years then come out to sue... as a perfect example, EOLAS.

    27. Re:Pure FUD by Anonymous Coward · · Score: 0

      Using nothing to argue against the lack of morality in anti-trust laws is pathetic.

    28. Re:Pure FUD by Courageous · · Score: 1

      Being a monopoly is not unethical or immoral.
      ---

      It also happens to not be illegal. It's not being a monopoly that is illegal, but rather, a set of certain behaviors that, for a lack of a better term, are best simply called "monopolizing."

      C//

    29. Re:Pure FUD by Faylone · · Score: 1

      That 'wooosh' sound was the joke flying over your head, at least I hope it was intended as a joke. It was a joke, RIGHT?

    30. Re:Pure FUD by Alioth · · Score: 1

      Actually - you're wrong: Microsoft does have a history of threatening open source developers - see ASF transcoding in AudioDub which had to be removed because Microsoft threatened the author with a lawsuit for patent infringement.

  18. you can't put it back in the horse by vbillings · · Score: 1

    I don't believe that Novell can just simply "reconsider" they have entered into a contractual agreement and for good or bad have to abide with the terms or breech the contract. From what I have read it will end in five years. Besides, we all know that the patent clause is simply FUD. It may be lame that Novell did it this way, but you have to admit it was a clever way to get MS to fork over ~300 Million for nothing. The flip side is that it will help keep Novell in business which in turn will help Samba since Novell contributes. I have to admit that in the age of FUD, the tone of the Samba press release was rather nice though. Kudos for that.

  19. LOTR by Anonymous Coward · · Score: 0

    Novell is in league with the Lidless Eye and the Black Hand of Sauron. The only part of open source that Novell cares about is how much money open source can make for them.

  20. A little confusion by selex · · Score: 2, Insightful

    I am still trying to figure out why I should give a damn what Novell does? So Novell has this nice new agreement with Microsoft. Since I don't use Suse, Netware or anything Novell makes that I signed a legally binding agreement for I am not bound by anything Novell does. Novell's agreement can't trickle back the Linux programmers, because the programmers agreeed to the GPL, not the Novell agreement. If you do use something Novell has, then remove it, and keep your project moving without it. If Novell adds code to your project, and you are under the GPL, then they must agree to the GPL legally. If Microsoft wants to sue "commerical" opensource what was stopping them before this agreement? What stops them after this agreement? Its an agreement between Novell, who does not own a majority of GNU/Linux, and Microsoft, who does not own a majority of GNU/Linux. I didn't sign the agreement, none of the other open-source people signed the agreement, Novell signed the agreement. Let Novell agree to this, tell them to shove this software up their ass, and get another distro. Thats competition.

    You are not legally bound by what Microsoft and Novell does.

    Selex

    1. Re:A little confusion by lawaetf1 · · Score: 4, Informative

      You are completely missing the point. It's not that the agreement between Novell and MSFT has resulted in any immediate damages to end users, it is that the agreement raises the specter of litigation to all non-Novell Linux distributors and their clients. FUD. Microsoft is trying to drive a great big wedge in the open source community by appointing Novell, the distributor with the least market share, as the "approved" Linux distributor. Balmer himself said that everyone else is open to legal action as they're not covered by this bogus cross patent licensing. Just because you Joe-six-pack might not wind up in court doesn't mean that enormous damage hasn't been done to the community as a whole.

      Boycott Novell. If you have servers on SuSe, move them to another distro.

      --
      CommentBot 0.7a running with args "-module irritate,disagree -target random"
    2. Re:A little confusion by jamstar7 · · Score: 1

      First thing to figure out, though, is what projects Novell has contributed code to. Samba, for one. Firefox, for another. Now, is it just me, or did Microsoft look over the field very carefully before dropping its $350 million dollar FUD bomb?

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

      This doesn't answer the grandparent's question though... What was previously stopping MS from suing commercial Linux, and what stops them now? What case did MS have against Linux before, and what case do they have now? If MS had a case against Linux or some other open source project, why are they making promises not to sue, instead of taking their grievances to court?

      Everyone getting upset about this deal seems to assume that some new avenue of attack against FOSS has been opened, but as far as I can tell, all that has happened is one avenue of attack has been -closed-. That MS can't sue Novell doesn't suddenly create new grounds for them to sue RedHat or the Samba group or whoever else.

      I'm certainly open to the possibility that I'm wrong, but if so, would you (or anyone) mind politely explaining? "Read the Slashdot article" and "just think about it" are not valid explanations.

    4. Re:A little confusion by BiggerIsBetter · · Score: 2, Insightful

      Boycott Novell. If you have servers on SuSe, move them to another distro.

      We've been using SuSE for a few versions now, and honestly, I think SELS 9 is a great server distro and SLED 10 is an absolutely fantastic desktop distro. But no, we won't be buying any more licenses from Novell. We got burned by Redhat by the licensing/pricing change circa RH9 too, so It'll be 100% - non-commercial - from here on out. Vendors, making money is easy - produce what people need, provide an agreed service for an agreed price, and don't shaft your customers. Why can so few American companies manage this?

      Alas poor SuSE! I knew him, Horatio; a distro of infinite operability, of most excellent configuration: he hath borne me on his back a thousand times; and now, how abhorred in my imagination it is! my gorge rims at it.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    5. Re:A little confusion by killjoe · · Score: 1

      New avenue of attack has been opened. Now all code contributed by Novell is suspect. Furthermore novell claims ownership of unix and since they are now in the pocket of MS and have become enemies of open source soon they will launch their own SCO like attack.

      Novell is the new SCO. The company will wither, the shareholders will get fucked, the management will become rich as all hell.

      --
      evil is as evil does
  21. Hmm? by robyannetta · · Score: 1

    Isn't it possible for the author of any GPL'ed software to revoke a distro's ability to include it in said distro? I thought I'd heard this happening before, but can't seem to Google a reference...

    If enough authors did this to any one distro in protest...

    --
    - Just my $0.02, take with a grain of salt, your mileage may vary.
  22. it's just cash by Anonymous Coward · · Score: 1, Insightful

    I think reality is, novell wasn't making a penny on linux and suse, in fact most likely losing money hand over fist. They have already replaced some C** folks. I think MS cash infusion was about their only hope.

    I don't like what they did, I think it might not even be legal, it is certainly a blow to open source, but once a company is driven by stockholders who demand endless money in perpetuity, and to have that amount actually increase, for their one time "capitalist" investment...this is what happens.

    I also don't think (I cannot emphasize this enough really) software as a stand-alone business is going to survive, not in any huge big way really..there is no need. 40 years ago to a few years ago, yes, now..nope.

        Software as part of a normal business, sure, in house tweaking and customizing, yep, but stand-alone it is headed the way of the dinosaurs. Open source is about designing,building and *sharing* of tools freely and Freely, whereas USING those tools within another legit business is where the long term cash with software is.

  23. Shame by Zonk+(troll) · · Score: 0

    The Novell/Microsoft deal could have been good. Ie, better interoperability Microsoft products. Then monkey boy has to fuck it up with the threats.

    --
    "The Federal Reserve is a fraudulent system."--Lew Rockwell
    End The FED. -
  24. Please get real. by Anonymous Coward · · Score: 0

    You have been here for several years. Your porn site uses Windows to display other peoples content. Roughly, you act a bit like a very slow search engine, but loaded with all sorts of ads. Nowhere have I seen you espouse using Linux. In fact, you take every chance that you can to point out that you will have NOTHING to do with Linux. So why now, are you trying to claim that you will use it?

  25. Divide your enemies by greg_barton · · Score: 4, Interesting

    Microsoft is just now getting around to "art of war" type tactics: divide your enemies. "He will win whose army is animated by the same spirit throughout all its ranks." They're trying to divide the open source movement's spirit.

    Everything up to this point has been driven by hubris on their part. Now, they're finally serious about fighting open source.

    This is gonna be fun. :)

    1. Re:Divide your enemies by houghi · · Score: 1

      I agree that there is a devide in the community. For Microsoft that was not a goal. It is probably just a nice side effect for them. Unless they are realy smart and say: Let us do a deal and then let the slashdot users shred Novell to pieces.

      If that is the case then Microsoft must realy thank all the people who are against Microsoft.

      The nice thing is that they don't have to do anything. Let the people themselves do the FUD spreading. Now let us asume that people who are so against this deal get the upperhand. What wil happen?

      Well, Novell will go bust. This will mean they will not do ANY OSS development anymore. That also means a halt to all these projects or at least a serious slowdown: http://en.opensuse.org/Novell_Supported_Projects

      Nice one. RedHat will be dealt with by Oracle. There are no serious other players. Or you could asume that RedHat will become the Microsoft of Linux. One company to rule everything. Well, we have seen that before.

      Perhaps it is wiser to just sit back a while and see what will happen in a year or so.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:Divide your enemies by Daniel+Phillips · · Score: 1

      Microsoft is just now getting around to "art of war" type tactics: divide your enemies. "He will win whose army is animated by the same spirit throughout all its ranks." They're trying to divide the open source movement's spirit.

      Interesting take on the situation. Actually Microsoft's gambit will help achieve exactly the state favored by Sun Tzu, by cutting the divided spirit of Novell out of the pack. Never mind that bringing Novell under its wing is sure to cause new tensions within Microsoft itself.

      --
      Have you got your LWN subscription yet?
    3. Re:Divide your enemies by Daniel+Phillips · · Score: 1

      Novell will go bust. This will mean they will not do ANY OSS development anymore.

      Just like any corporation, a small minority of Novell employees do the all work that is useful to the community. Now speaking with my Google hat on (just this post!) we will be more than happy to talk to any community contributors who wish to leave Novell over this issue. As a recognized contributor, you would have to work at it not to get a position here, from which you can continue your valuable work.

      --
      Have you got your LWN subscription yet?
    4. Re:Divide your enemies by Qbertino · · Score: 1

      Errrm, No.
      All whos been dividing the last few years was Novell. And all that they where dividing were themselves. The marketing and branding mess they've been pulling off the last 24 months including the inability to fire up the SuSE factor give of a sad impression. If there is one ally we want MS to have it's the current Novell. Sad that is, but true.

      --
      We suffer more in our imagination than in reality. - Seneca
    5. Re:Divide your enemies by couchslug · · Score: 1

      SCOvell should be treated as a pariah and isolated. There is nothing Novell has, SuSE included, that Linux users can't easily replace.

      The power of collective pressure, of boycott, is one of the few recourses we have against enemies.

      If business has the right to be ruthless in behalf of its stockholders, we, the stockholders of Open and Free software, should feel free to do the same.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  26. Come on, wake up! by Anonymous Coward · · Score: 0

    We call upon Novell to work with the Software Freedom Law Center to undo the patent agreement and acknowledge its obligations as a beneficiary of the Free Software community.

    Come on, wake up!

    Money have already change hands. Do you really think they will reject an agreement in which they will not get sued after they paid for that protection?

  27. A right by Qwavel · · Score: 1

    Actually, they do have a right.

    But we have a right to stop using their products.

    Personally, I'll wait a little bit to see what the consensus opinion of this deal is. If, after some thought and discussion, the community decides that Novell's actions are harming Linux, then I will take this into account in my career (as a software developer).

  28. A micro-SCO? by mattr · · Score: 1

    Is there any chance do you think that this could lead to Microsoft launching a series of micro-SCO type initiatives now that their investment in SCO didn't work out? What I mean is that I'm curious about just what that money is going toward. Did M$ threaten Novell with any specific patents or vice versa? Sure Microsoft has a few good engineers maybe, but as far as I can tell most of their efforts over the years have been exremely nasty. I find it hard to believe that anything good will come of this, rather I am waiting for the first embrace/extend shoe to drop as Novell starts spouting some ludicrous SCO-like FUD under the guise of supporting the community. Hasn't M$ just bought a bitch to whip who appears a little friendlier to users and developers than SCO did? Maybe Novell will end up writing some cool Vista software but I could care less, I'm staying away from that racket. Novell buying SUSE to sell out to Microsoft is an ultra-cynical move and they deserve to get thoroughly lambasted in every public venue. I'm looking toward hearing about employees jumping ship from Novell as soon as the shit begins to hit the fan. Of course this is a very effective way for Microsoft to get rid of a competitor; it is very good at pulling the rug out from under its friends. I am just wondering if Novell was that dumb or if M$ had some really good FUD to scare their investors with.

    1. Re:A micro-SCO? by Glasswire · · Score: 1

      Is there any chance do you think that this could lead to Microsoft launching a series of micro-SCO type initiatives now that their investment in SCO didn't work out?

      I'm not sure the SCO effort didn't work for them. This doesn't get a lot of press, because the companies involved generally don't want to talk publicly about it, there are some big Fortune 100 firms that got badly spooked by the SCO suit and even it goes nowhere, opponents of Linux within the IT groups at these orgs (sometimes Windows factions, sometimes traditional UNIX factions) that feel threatened by Linux have promoted a position (now locked into the executive mindset) that Linux is still very legally encumbered and while the SCO suit went nowhere, somebody else's suit might work out.

      Never underestimate the timidity and risk aversion of major corporate execs, who are strong skeptics of the competitive advantages of Linux (over Windows/UNIX/mainframe) anyway.

    2. Re:A micro-SCO? by mattr · · Score: 1

      Thank you very much for your insightful reply.

      Personally I have fought for linux vs. windows and won some battles and walked away from others. I think if everything doesn't go perfectly the suits will always find a good reason to walk away, even if as in my own experience they had a great solution working for 5 years that just needed to be moved to new hardware when a RAID died. It may be different in some quick to move companies, but I've found clients just eat what vendors give them and have little in-house skill, and little flexibility to solve problems (as open source software allows them to). This is just my own experience but it makes me think that the people who listen to FUD etc. are the denizens of inferior MIS setups, in other words companies that have lost their ability to compete. My 2 cents, don't mean this as a rant.

  29. good fruits? by nurb432 · · Score: 1

    This isn't about 'good fruits' as you put it These are large corporations that are in business to make money and increase share worth. Period.

    --
    ---- Booth was a patriot ----
  30. That blog entry.... by Anonymous Coward · · Score: 0

    ...will teach them a lesson!

  31. This had to happen by cyberjessy · · Score: 2, Insightful

    I feel its so much better that it happened now, Fail-Fast is always better. Good to have answers early on.

    If we don't want such things to happen, why don't we move to more restrictive licenses? Should we actually expect people (or even worse, corporations) to always act in good faith, even when there is no obligation to do so? Why not put it all down in paper then. IM(H)O, Open Source still has not found a balancing act between pragmatism and staying true to the cause. Which is why we have issue with GPL v2 and v3. The deal (according to Eben Moglin) violates GPL v3, but v2-v3 debate is now more like a 50-50 split.

    Lets all go GPL v3, or shut up.

    Anyway, it is not that I found something terribly wrong with the deal. Mainly because it changes _nothing_ for existing users. It is just that Novell customers get an additional benefit. Meanwhile the Open Innovation Network still protects Open Source patents,
    the Mono team still maintains that the have not violated any patents, good news for getting Open-Office to open Word 2007 XML files (and more compatibility) and some other. But on the other hand, it does create a division and give Novell somewhat an unfair advantage.

    --
    Life is just a conviction.
  32. Which GPL are they reading? by the+Gray+Mouser · · Score: 1
    Furthermore, the GPL makes it clear that all distributors of GPL'd software must stand together in the fight against software patents.
    I can't seem to find that line in my version of the license.
  33. No worries on that part... by Anonymous Coward · · Score: 2, Funny

    It is impossible to divide the Linux community any further even if you start putting individual members of it through a meat grinder.

    1. Re:No worries on that part... by Anonymous Coward · · Score: 0

      Heh, just what I was thinking. But that doesn't mean MS doesn't think this way either. Trying to divide the Open Source community is like trying to fight "the blob" with a hack saw. That's a good thing though, because the longer MS doesn't "get" Linux, the longer it has to grow and gain footholds in key areas.

  34. What? by LindseyJ · · Score: 1
    'no right to make self servicing deals on behalf of others which run contrary to the goals and ideals of the Free Software community'

    Since when?
  35. Is Novell paying Microsoft to go out and scare by Anonymous Coward · · Score: 2, Informative

    Red Hat users?

    http://opensource.sys-con.com/read/298991.htm

    Novell Tuesday night outlined the financial terms of its pact with Microsoft in an SEC filing. Then, rather than let the press stumble over it, the company sent around a press release explaining the filing.

    Meanwhile, Microsoft CEO Steve Ballmer was in India and told India's Economic Times how he'd love to cut a similar deal "with anyone who distributes Linux software, Red Hat, whoever else."

    Microsoft is going to pay Novell $240M upfront for those 350,000 SUSE Linux Enterprise Server subscription vouchers it said it would distribute in the next five years. It could sell them too. CIBC World Market did some back-of-the-envelope calculations and says the number implies an annual ASP per SLES subscription of roughly $685.

    Microsoft is also supposed to spend $60M between now and January 1, 2012 marketing Linux-Windows virtualized scenarios and spend another $34M on the dedicated sales force it puts in the field.

    For all of Ballmer's talk of a similar deal with Red Hat, it appears that Novell has a three-year exclusive on the virtualization-through-certificate program. Novell notes that IDC projects the market for virtual machine software will be worth $1.8BN by 2009.

    Microsoft is also going to pay Novell $108M upfront under their shiny new "patent cooperation agreement" and Novell in turn will pay Microsoft at least $40M over five years - something like $8 million a year - "based on percentages of Novell's Open Platform Solutions and Open Enterprise Server revenues" - OES being Novell's mixed NetWare/Linux package and Open Platform all its Linux stuff.

    Novell was at pains to explain that it wasn't paying Microsoft patent protection since the Free Software Foundation (FSF), the keeper of the GPL flame, at the mere mention of a patent agreement last week, started protesting that Novell couldn't - under section 7 of the GPL - distribute Linux if it was acknowledging patent infringement.

    Novell claims it doesn't acknowledge that Microsoft has IP in Linux but the way the Microsoft and Novell attorneys sidestep the issue is by having Microsoft promise not to sue the SUSE customer, leaving Novell out of the equation.

    Novell spokesman Bruce Lowry declined to explain exactly what Novell is paying Microsoft the $40M for or what Novell patents Microsoft is interested in. It's "just the way the deal was financially structured," he said. Whether that satisfies FSF attorney Eben Moglen remains to be seen. Novell is still negotiating with him, Lowry said.

    Novell also posted a new FAQ trying to address the flood of questions it's been getting about the Microsoft deal from the open source community. In it, it says the $40M is "for Microsoft's covenant directly to Novell's customers."

    So is Novell paying Microsoft to go out and scare Red Hat users?

    In a canned statement, Novell general counsel Joseph LaSala said:

    "Many people want to know whether this agreement is compatible with Novell's obligations under the GPL, especially section 7. This was an important consideration for us as well. Under the patent cooperation agreement, Novell's customers receive directly from Microsoft a covenant not to sue. Novell does not receive a patent license or covenant not to sue from Microsoft, and we have not agreed with Microsoft to any condition that would contradict the conditions of the GPL. Our agreement does not affect the freedom that Novell or anyone else in the open source community, including developers, has under the GPL and does not impose any condition that would contradict the conditions of the GPL. Therefore, the agreement is fully compliant with the GPL."

    There are exceptions to the "won't sue" covenants that aren't spelled out.

    Rumor - underscore rumor - has it that Microsoft did the Novell deal because Novell threatened it with IP, which might explain why Microsoft is paying

  36. Oh Good Grief. Quit it. by IANAAC · · Score: 2, Informative
    Novell did not own SCO. Ever. I don't know if you're deliberately trying to spread misinformation, or if you're really that uninformed.

    In either case, all it takes is a quick google search to come up with their full history.

  37. He's a coder. by Xenographic · · Score: 1

    He's a coder, not a lawyer. Which is why I'm glad to listen to him on technical matters, but why I don't really care what he thinks about legal matters like the GPL v3, etc. No offense intended, but I'll get my legal advice from lawyers and my technical advice from technical people. In other words, I think he's right to keep quiet.

    That said, hopefully he'll see this as a time to reconsider his stance on the GPL v3. Granted, Linux would have a difficult time converting due to the cut-off he put in Linux by removing the "or later" clause (from what's published, he may not even understand how it works), but this is exactly the sort of loophole v3 is meant to prevent, and Microsoft is obviously looking for a way to take advantage of that. You can't really expect them to pass up any way to screw up the competition, and Linux pretty much _is_ Microsoft's competition.

    You don't have to like it, but it takes lawyers to stop lawyers.

    1. Re:He's a coder. by ClamIAm · · Score: 1

      No offense intended, but I'll get my legal advice from lawyers and my technical advice from technical people. In other words, I think he's right to keep quiet.

      Yeah, like how he never talks about, for example, GPL3. Oh wait.

    2. Re:He's a coder. by Xenographic · · Score: 1

      > Yeah, like how he never talks about, for example, GPL3. Oh wait.

      I thought I had referenced that implicitly, but what I meant is that he's right to keep quiet *here* As I mentioned, he has, of course, talked about the GPL v3. I disagree with him, of course--I'm more worried about long-term freedom than short-term practicality, given how determined some businesses are to undermine our freedom, but that's just me.

  38. Clue Time by Anonymous Coward · · Score: 3, Informative

    The current SCO is really Caldera.

    Unixware was ATT Unix that was then sold to who? Novell. Novell then "rented" Unixware to original SCO. Original SCO than moved to pretty much supporting nothing by unixware (the old xenix/sco unix was folded into this). Caldera was created by Novell Ray Noorda and a number of Novell folks WHILE they were at Novell. It was too be offered as Novell Linux. But Ray and others felt that they would do better without the Novell issues. So they spun it off from Novell's "permission" along with the DR-dos suit. Caldera then bought everything of SCO (save tarentella). The current SCO was owned by Novell and almost likely the IP will be shown to belong to Novell (in spite of what current SCO says).

    So yes, Novell owned "SCO", just not the original.

  39. The patents are the real problem by Myria · · Score: 2, Insightful

    Under American patent law, if you use a product made by a company that did not have a license to a necessary patent, you can be sued, not just the company.

    An implication of the Microsoft-Novell agreement is that Microsoft could sue any Linux (or Samba?) user who did not buy it through Novell. It major lawsuits start happening and Microsoft wins the lawsuits, Linux will disappear from corporations in America, or they'll all go through Novell. If Linux isn't open, there's no point in using it.

    Melissa

    --
    "Screw Sun, cross-platform will never work. Let's move on and steal the Java language." - Visual J++ Product Manager
    1. Re:The patents are the real problem by morzel · · Score: 1
      What does the Novell deal has got to do with this?

      If Microsoft has any valid US patents on SMB/CIFS (assuming for a moment that software patents are valid anyhow), they're free to sue anyone using them in the US -- whether it is the Samba programmers, Linux distribution companies or individual users. That's the way patents work in the US (and also why software patents are horrendously broken).
      Like it or not: with the current patent legislation in the US, any open source software that uses a patented method without being licenced somehow is at best in a gray area and at risk of being sued by the patent owner.

      Novell seems to think that this not-really-a-cross-licence-thing is the best way to mitigate (some of) the risk inherent in Linux / open source software. It does not change the situation for (users of) other distributions, nor does it make Linux any closer.
      If there's anything to blame for this whole situation it is software patents, not two companies making a deal of some kind.

      --
      Okay... I'll do the stupid things first, then you shy people follow.
      [Zappa]
    2. Re:The patents are the real problem by Anonymous Coward · · Score: 0
      Like it or not: with the current patent legislation in the US, any open source software that uses a patented method without being licenced somehow is at best in a gray area and at risk of being sued by the patent owner.

      And the same goes for any closed source software too. Microsoft's big gain out of this deal is a license to use Novell's patents' So Novell can't sue, or effectively threaten to sue, in defense of any open source users. Red Hat still can of course, but Novell has a more varied patent portfolio.
    3. Re:The patents are the real problem by Anonymous Coward · · Score: 0

      Microsoft needs Novell to litigate patents against FOSS companies without falling foul of anti-trust law.

  40. More Direct, This Time. by twitter · · Score: 0

    It's SCO all over again.

    No, this time M$ is selling a "I won't sue you license" directly. In the SCO case, M$ hired a proxy for it's dirty business. This time they are making the threat directly. The only thing the two cases share is a bogus claim to other people's work and FUD generation. Hopefully, IBM will make them pay for business lost to the fiaSCO and people have learned to ignore M$'s groundless threats.

    Don't pay the extortion. It strengthens M$'s ownership of your work and gives them money to sue your neighbor.

    --

    Friends don't help friends install M$ junk.

  41. Novell destroyed themselves. by khasim · · Score: 4, Insightful
    At a philosophical level, Novell probably didn't want to sign the agreement with Microsoft either ... heck, Microsoft basically destroyed them as a leading software provider.

    Novell destroyed themselves.

    The only thing that Microsoft did was release WinNT without the license broadcast that NetWare boxes did. I could use one license and setup 1,000 WinNT boxes on a network. If I used the same license on 2 NetWare boxes on a network, they'd broadcast their license codes, see that they were duplicates and shut both boxes down. "Piracy" gave Microsoft the edge.

    After that, it's been 100% Novell fuck ups.

    Why buy SuSE when for a LOT less money you can just hire Linux developers to write the code/apps you want? You spent $210 MILLION.

    Okay, you own SuSE now, why is it easier to run GroupWise on Windows than on Debian? Microsoft is a bigger threat to your existence than Debian.

    Why haven't you ported the look and feel of you NetWare apps (inetcfg, nwconfig, etc) over to SuSE?

    Service Pack 6 for NetWare 6.5 is over 800MB. Compressed.

    But they're in an unenviable position of trying to turn a profit.

    As is every other company out there. McDonald's manages it, yet their costs have got to be higher than cooking healthier food, yourself, at home.

    On one side, they offer massive resources that can champion and push forward technologies that groups working in their spare time cannot. On the other, they must find a way to recoup some of those expenses, which sometimes lead them down the path that we've all worked hard to stay off (namely, software patents, commercialization, and closed sourcing parts of their product).

    No. The problem is when closed source companies don't bother to understand the Open Source environment and believe they can treat it the same as their closed source products.

    Which is exactly what Novell is trying to do.

    Instead, Novell should have spent a one tenth of the money they spent on SuSE and paid lots of programmers to port Novell's money-making products (GroupWise, eDirectory, ZENworks, etc) to Linux. Go ahead. Try to get eDirectory running on Ubuntu. It's pretty easy on SuSE, but damn hard on Ubuntu.

    Unfortunately I think we'll just have to deal with some closed source Linux programs and some software patents for technologies that required massive investment.

    Oh really? You mean like Oracle? Their stuff is still closed. Yet they seem pretty happy with running it on Linux.

    This message posted with 100% Ubuntu Edgy Eft.
    1. Re:Novell destroyed themselves. by Espectr0 · · Score: 2, Informative

      This message posted with 100% Ubuntu Edgy Eft.

      Better switch to something else, as you are using Novell-made apps (Mono, f-spot,tomboy and such come with gnome 2.16 which is shipped in Edgy)

    2. Re:Novell destroyed themselves. by Anonymous Coward · · Score: 0

      Good point. People who don't like this deal should immediately remove Mono from their system. I've never understood the appeal of Mono anyhow. I don't know how easy it is to uninstall Mono in Ubuntu, but in Fedora it's easy.

      This message posted with 100% Fedora Core 6 with Mono never even installed, not even GNOME :)

  42. MOD PARENT DOWN by Anonymous Coward · · Score: 0

    False. Samba uses the stock GPL.

  43. Can't they just. . . by kimvette · · Score: 2, Insightful

    Can't they just inform Novell that they no longer have the right to distribute Samba under the GPL, but instead must either fork it or work out commercial licenses with the Samba code contributors (good luck with working out a deal with each copyright holder)? Other project teams could do the same, and Novell will have a hard choice to make:

      1. Fork each project where distribution rights have been and choose to fork, becoming incompatible in the near-to-mid future

      2. Reconsider the deal, pull out, and work with Redhat, Canonical, IBM, et al, ensuring compatibility, and create a strong front against Microsoft's monopoly. They could also form clean room reverse engineering teams where binaries are decompiled and notes are taken on the architecture, then hand those notes (but NO decompiled code examples) to the open source developers. This way. legal, clean-room implementations of Samba, wine, etc. can be created WITHOUT tainting of GPL and BSD code by Microsoft.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    1. Re:Can't they just. . . by the+eric+conspiracy · · Score: 2, Insightful

      Can't they just inform Novell that they no longer have the right to distribute Samba under the GPL

      You can't retract the terms of a license. All you can do is issue future versions under a new license.

    2. Re:Can't they just. . . by kimvette · · Score: 1

      They certainly can retract the rights, if Novell is in violation of the GPL. If they're not in violation they can't, obviously, but apparantly they think Novell is in violation and Novell really needs to come clean to show that there is nothing in their agreement with Darth Vader, er, Microsoft which would put them in violation, else the current villification of Novell in the eyes of Linux users and distributors won't stop.

      The chickens are roosting with the fox right now, and it's clear that the fox has given no assurance that he won't eat the chickens.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    3. Re:Can't they just. . . by the+eric+conspiracy · · Score: 1

      They certainly can retract the rights, if Novell is in violation of the GPL.

      Well, I think you are mincing words. The rights exist under the license which can't be retracted. If Novell is violating the license those rights are just not there. It's not a matter of retracting anything.

    4. Re:Can't they just. . . by kimvette · · Score: 1

      Correct, but history shows (LinkSys, Motorola, Tivo, etc.) that the copyright holders must actively enforce the GPL, and aggressively at that, when a big company violates it. There are DVR manufacturers which embed Linux but which absolutely, positively refuse to release the source for even the kernel, let alone ffmpeg and other GPLed projects they are using.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  44. More like "buy your enemies". by khasim · · Score: 1

    They couldn't "divide" them.

    So they paid hundreds of millions of dollars to the people in one bloc.

    Those people then tried to spin the deal in various ways.

    Just because Novell was Microsoft's competitor and had purchased SuSE does not mean Novell had any depth in the Open Source community.

    They bought their way in and they sold themselves out.

    Now if Microsoft can buy Linus or Alan or Samba or Apache or ...

    1. Re:More like "buy your enemies". by WilliamSChips · · Score: 1

      Even if they bought any of those that actually make a difference, they couldn't kill the movement.
      With one (debatable) exception--emacs--every fork of GPLed software has ended in either one branch atrophying or the branches merging. And one would probably occur if Microsoft took control of any major FOSS project.

      --
      Please, for the good of Humanity, vote Obama.
    2. Re:More like "buy your enemies". by Anonymous Coward · · Score: 0

      First they ignore you,
      Then they laugh at you,
      Then they fight you,
      Then you win.

      I see this at Step 3.

      But is this mere optimism? Only time will tell. /me is still an ac

  45. Finally, somebody with some sense by Anonymous Coward · · Score: 0

    Thank you, Samba team, thank you. Richard Stallman bless you for your words of wisdom to Novell.

  46. Long Arm of The Law by mpapet · · Score: 1

    First, I'm disappointed that this got modded insightful. It speaks to the lack of understanding how Intellectual Property law works in this country.

    Second, the whole reason Microsoft started down this path is to narrow the market for Linux distros down to one. The one that microsoft controls through threat of litigation carpet bombing. Microsoft's competitors here are Oracle and Dead Cat. They can, when they are ready, litigate Novell into extinction.

    Third, microsoft doesn't actually -want- to sue developers like the RIAA does to individuals. They want Linux dollars flowing to them only. Litigation is a big carrot/stick that will ensure the corporate dollars flow to Microsoft.

    Will Microsoft sue individual developers? If their current strategy doesn't work. Yes. They'll identify maybe 10 key contributors and a couple of distros who aren't backed by IBM/Oracle and let the litigation fly. This is your "chilling effect."

    --
    http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
    1. Re:Long Arm of The Law by Daniel+Phillips · · Score: 1

      the whole reason Microsoft started down this path is to narrow the market for Linux distros down to one.

      Probably the main reason all right, though the strategy appears to have been conceived with more than one goal. Anyway, there is Canonical on the way up. I really need to get me some of that IPO, if it happens.

      --
      Have you got your LWN subscription yet?
  47. Why are you posting here? by khasim · · Score: 4, Insightful

    From your description, you're a prefect client for Microsoft.

    So if there's no time or money to be wasted, and time is money, why are you wasting time on /.?

    Instead of wasting time here, you would (more logically) be better off spending time on various Windows tech forums. You'll want to learn MORE about the systems that you use right now than spending time chatting about systems that you aren't going to use. (And you've detailed the reasons that you aren't going to use them.)

    Strange how that works.

    1. Re:Why are you posting here? by NineNine · · Score: 1

      You're right. I'm being slack.

    2. Re:Why are you posting here? by Anonymous Coward · · Score: 0
      From your description, you're a prefect client for Microsoft.
      Seems so, yes.
      So if there's no time or money to be wasted, and time is money, why are you wasting time on /.?
      Except when the "wasted" time translates into money, e.g. by (paid) astroturfing :-) Regards -- tomás
    3. Re:Why are you posting here? by Anonymous Coward · · Score: 0

      So if there's no time or money to be wasted, and time is money, why are you wasting time on /.?

      Typical Slashdot extremism. If you're not willing to invest hours every day into learning a hokey OS cobbled together by students then by extension you should never waste a single second of any day by any other route. It's a clever argument for a popular debate, but unfortunately it's not logically sound.

      The irony is at least 3 so-called moderators fell for your flawed logic as being "insightful" rather than the extremist nonsense that it is.

      Maybe any "moral" movement induces extremism. I mean love him or hate him, you have to admit that Stallman is an extremist. No matter how flawed his ideas actually are, he will always find supporters because of the aggressive way he markets them - as moral imperatives (which any honest person must admit that they are not). It's all just extremism in disguise.

      That's why I don't trust anyone who releases code under the GPL - their motives are suspect. I can understand what motivates your typical jobbing (paid) programmer, or what motivates people to release under the BSD or (shock horror) actually gives code away into the public domain. But to release under the GPL just says that you follow Stallmans's Church of Extremism.

      Maybe this is what Bill Gates is getting at when he criticizes the movement as being like communism. Maybe he's not talking about the collectivist aspect of the intellectual theory so much as the extremist aspect of the practical realisation.

    4. Re:Why are you posting here? by fourchannel · · Score: 1
      Maybe this is what Bill Gates is getting at when he criticizes the movement as being like communism. Maybe he's not talking about the collectivist aspect of the intellectual theory so much as the extremist aspect of the practical realisation.
      Of course it's like communism. GPL'd code is released so that people who aren't good programmers can still benefit from the works of those who are.

      It is the idea that maybe the Human Race might be better off, if instead of acting like neanderthals and hoarding stuff for ourselves, we share it and in return recieve good stuff from other people who are better at shit than you are - maybe that might speed things up a little bit in regards to the painfully slow innovation of humans who keep 'personally profitable' ideas all the fuck to themselves.

      And one more thing... Moral extremism (in most cases) is detracting from practical solutions. But instead of denouncing ideas that are too enlightened, maybe you could try to think - if you could improve the lives of people, where could you start? On the periphery (like relief work, donnations, welfare) - or at the source (why the Human mind has not evolved from nomadic 'every man/animal for himself', to an actual group collaboration when there is no need to make life this hard for the people of the world). Because if you could focus on the source of a problem, then the result of fixing that are inconcievably more rewarding - than going after each manifestation that your source creates, yet leave the source intact to start the shit all over again.

      Think of handgun related murders and think how much it would improve life for everyone if you could find a way to keep people from getting shot. 1.) make handguns illegal - which is great, if you don't mind chronically wasting resources trying to enforce that OR 2.)destratify society - take the assets of the absurdly rich (who, no, they don't need all that money to be happy) and use it to improve life for the poor and poverty striken - build quality houses and neighborhoods in the ghettos, provide plentiful and quality education for these areas - help stabilize the lives of those who live in poverty and ghettos, which will help reduce the anarchy and disorder, which will reduce the hostility and violence, which will reduce the huge concern over constantly watching your back to make sure you can live to see the next day, which believe or not will reduce handguns among the populace, which !!OMGdz!! will seriously cut back on handgun related murders.

      Will it prevent all handgun murders? Probably not. Will it change the social psyche enough, to the point where people start to value life - especially the lives of others - Because "other Humans are now taking time out of their lives to come and rebuild my neighborhood, people I don't know, have never met, who don't know me at all, but trust that I will take this action as a sign of compassion, and of humanity, they put faith in me, they believe in my ability to do well" - will those people stop dealing drugs, stop beating their wives, stop stealing from their neighbors, stop supporting gangs, stop hating the police, stop fearing for their lives in this chaotic world? maybe.

      But no, it's easier to view life in black and white.
      Every man for himself.

      Human stupidity - 33 Thousand years in the running the still going strong! Vote stupidity in '08!

      OK, done ranting now. I fully admit, I do stupid things all the time, too. I try and avoid it when I can, but no, I'm not an elitist superhuman staring down upon society from my high throne of perfection. I fuck up too. But if we work together to discover society's real problems, and not just the symptoms that come from them, then we can mark our lifetimes as the diaspora when Humanity took its first step into a new eon of evolution. It's possible guys, difficult (YES!), but definately possible and I wouldn't mind spending the effort for a goal such as this.
      --
      ---FourChannel---
  48. Um... by LudwigX · · Score: 1

    that should be "self-serving" (as it is on the samba.org page). "Self-servicing" is what you do at the porn sites.

  49. The difference... by Bruce+Perens · · Score: 2, Informative
    The difference between the Red Hat patent indemnity and the Novell-Microsoft covenant not to sue is that the insurance company is not the patent owner and has no right to license the patent to anyone, and no capacity to grant a covenant not to sue. Microsoft is the patent holder and the agreement between Microsoft and Novell is tantamount to a license directly from the content holder.

    Thanks

    Bruce

  50. Question - What Positives Are there? by MBC1977 · · Score: 1

    I see a lot of negative comments (and seeing that I use Windows based systems exclusively, but am learning Linux just to have second skillset) this does not really affect me, but I am curious (from a business standpoint) if there are any positives that can come from this? Granted, I know people use past performance to dictate their decisions, but until I get a balanced understanding (meaning BOTH pros and cons), one can't just make the arguement all things MS bad, and all things Linux good.

    Regards,

    MBC1977,
    (US Marine, College Student, and Proud Parent!)

    --
    Regards,

    MBC1977,
    1. Re:Question - What Positives Are there? by petabyte · · Score: 1

      Well, looking for rational responses to this issue on slashdot is an uphill battle :).

      For Novell, they got a big chunk of cash and the ablity to market "look we work with MS" to business folks. For MS, they get to play havoc with the Linux market. Even if they don't say it, they've said Novell is safe from patent suits whereas nobody else is. (IBM is probably safe as well, given that they patent just about anything, anywhere, anytime so I'm sure they have some stuff MS is using). The cons for MS, are well, they spent however many millions (which is probably nothing to them) and the cons for Novell is that, many Linux users view this as betrayal.

      For my own part, Novell is a company and I don't care what they do business-wise, but now that the pool is polluted, I'll never use any of their products again. I started using Linux as a second skillset many years ago like you did for a simple reason - it couldn't be taken away. MS was rattling the drum on how Windows 98 would not be supported in a few years and everyone should update to ME (or maybe it was from ME to XP, or 98 to 2k - I don't remember). If a company can come in and pull the rug out from Novell, then I'd be stuck. So I will stick to things they don't have a hand in.

      That annoys me as I'm considering moving my main workstation to a MacBook (right now its a Ubuntu Linux desktop) and ifolder looked to be the app I needed to keep the two in sync. Its mono-based and made by Novell so now its out and I don't have a good alternative. I'm also worried about Gnome absorbing Mono into its base. I was able to purge it from this system after I got Edge Eft installed, but if it becomes linked into the base of Gnome, I'll be saying goodbye to the desktop I've used since starting with Linux (that'd be about gnome 1.2ish days). That hasn't happened yet, but there is always KDE and XFCE around should that happen.

    2. Re:Question - What Positives Are there? by Anonymous Coward · · Score: 0

      And I will second that action about purging Gnome if Mono gets integrated into it. What are those Mono & Gnome dev folks thinking anyway? Seems like they are just asking/begging to get screwed by Microsoft. I too have been using Gnome for a long time, but there are alternatives.

  51. Novell should know that we will avoid them by unity100 · · Score: 3, Insightful

    and avoid them like hell. Anything done under such debatable license, and anything done in conjunction with microsoft, i would avoid like hell.

    Microsoft is not trustable in my opinion, in regard to freedom of anything. This is no 'j00B micro$oft eviLLaZ' type of thought - it is based on practical reasons : microsoft have never been a trustable ally in matters related to openness, freedom, and it is fat chance that they will - with all those shareholders.

    So, i would avoid them like hell, and advise all my colleagues to do so always.

    1. Re:Novell should know that we will avoid them by nutshell42 · · Score: 1
      and avoid them like hell. Anything done under such debatable license, and anything done in conjunction with microsoft, i would avoid like hell.

      But to the PHB who isn't really convinced he wants that Linux thingy anyway it might make an impression if the Novell salesguy tells him that MS guarantees they won't sue him if he buys Novell but might if he uses Red Hat.

      --
      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
    2. Re:Novell should know that we will avoid them by unity100 · · Score: 1

      Well, at such situations the responsibility to make the PHB guy know what is going on lies on our, the it people's shoulders.

  52. Does it really? by Anonymous Coward · · Score: 0

    If you add to a GPLed project, isn't it presumed that you have the rights to do so, and so MS would only sue the person who donated the code and not those who are using/distributing it?

  53. Now we get to the heart of the Wrong. by twitter · · Score: 1

    But isn't it true that if there is patent-infringing code in Linux that it won't matter whether Novell has made an agreement to immunize its users?

    No and no! First, it's hard to have patent-infringing code that simply implements Unix concepts that were pioneered 30 years ago, regardless of how slow software vendors have been to adopt those improvements. Second, software patents are just as bogus as a patent on gramma's chili ingredients. Third, it matters. A company full of "experts" caving into this obvious extortion lends weight to both software patents and M$'s bogus claim to own concepts implemented in free software.

    It's diabolically anti-competitive and should be against the law if in fact is is not. M$ would use "intellectual property" law to steal other people's work. It makes a mockery of everthing patent and copyright laws are supposed to stand for. As Bruce pointed out, they are licensing patents. Those patents are backed only by judicial extortion. The DoJ should gear up the next series of anti-trust cases around this.

    --

    Friends don't help friends install M$ junk.

    1. Re:Now we get to the heart of the Wrong. by Anonymous Coward · · Score: 0
      twitter, please read this carefully. Following this advice will make Slashdot a better place for everyone, including yourself.

      • As a representative of the Linux community, participate in mailing list and newsgroup discussions in a professional manner. Refrain from name-calling and use of vulgar language. Consider yourself a member of a virtual corporation with Mr. Torvalds as your Chief Executive Officer. Your words will either enhance or degrade the image the reader has of the Linux community.
      • Avoid hyperbole and unsubstantiated claims at all costs. It's unprofessional and will result in unproductive discussions.
      • A thoughtful, well-reasoned response to a posting will not only provide insight for your readers, but will also increase their respect for your knowledge and abilities.
      • Always remember that if you insult or are disrespectful to someone, their negative experience may be shared with many others. If you do offend someone, please try to make amends.
      • Focus on what Linux has to offer. There is no need to bash the competition. Linux is a good, solid product that stands on its own.
      • Respect the use of other operating systems. While Linux is a wonderful platform, it does not meet everyone's needs.
      • Refer to another product by its proper name. There's nothing to be gained by attempting to ridicule a company or its products by using "creative spelling". If we expect respect for Linux, we must respect other products.
      • Give credit where credit is due. Linux is just the kernel. Without the efforts of people involved with the GNU project , MIT, Berkeley and others too numerous to mention, the Linux kernel would not be very useful to most people.
      • Don't insist that Linux is the only answer for a particular application. Just as the Linux community cherishes the freedom that Linux provides them, Linux only solutions would deprive others of their freedom.
      • There will be cases where Linux is not the answer. Be the first to recognize this and offer another solution.

      From http://www.ibiblio.org/pub/linux/docs/HOWTO/Advoca cy

    2. Re:Now we get to the heart of the Wrong. by ClosedSource · · Score: 1

      You're really suggesting that the DOJ just ignore the law because you don't like MS. If you don't think the patent system isn't fair (probably most technical people would agree) then lobby to have the law changed. In the meantime you can't prosecute a company for applying for and defending the patents that have been granted to them (even under the infinite "immaginary rules for monolpolies" that so many Slashdotters believe in for MS).

    3. Re:Now we get to the heart of the Wrong. by spiritraveller · · Score: 1

      No and no! First, it's hard to have patent-infringing code that simply implements Unix concepts that were pioneered 30 years ago,

      Thankfully, not all Linux concepts are based on Unix concepts that were pioneered 30 years ago. Some, however, are very obvious Microsoft concepts, such as CIFS and FAT. You can be forgiven for not realizing this, as someone on slashdot had to point this out to me recently.

      And, software patents are just as bogus as a patent on gramma's chili ingredients.

      You may not like them, but in the U.S. (home of both Microsoft and Novell), they are considered valid. If "business methods" are patentable, surely software processes can be.

      Third, it matters. A company full of "experts" caving into this obvious extortion lends weight to both software patents and M$'s bogus claim to own concepts implemented in free software.

      It doesn't look like "obvious extortion" to me. Novell is getting Microsoft's money, immunity from patent claims for its users, and sales help from Microsoft's support department. What part of that is extortion?

      M$ would use "intellectual property" law to steal other people's work.

      OK, you could have explained this better, but I see your point. This is what you should focus on, because this is the scariest part of the whole situation. But you need to explain it when you say this. Most people are not going to see how it works at first glance.

      But I think you and Bruce are right. If Novell is paying "royalties" or a per-copy fee to Microsoft, then it is a patent licensing agreement. As such, Novell would be in violation of the GPL. But I haven't seen such a term mentioned in any of the articles about this deal. Maybe that is part of it. Maybe it isn't.

      Microsoft can not kill off all Linux distributions but keep one for its own profit. That one remaining distribution would be in violation of the GPL. Microsoft can only kill off ALL Linux distributions (or at least force removal of its patented processes) if it chooses to. Would that be a worthwhile strategy for Microsoft? I don't think so, but you'd have to ask them what they intend to do with their patents.

  54. Tomorrow... by Bruce+Perens · · Score: 4, Informative
    The code is already out there, the developers can't take it back.

    Actually, some of the developers may indeed take it back through the courts. That is yet to be decided. But even if they don't take it back, a lot of those developers will go to GPL3 just because of this. Including important stuff like the C library and GCC (which FSF owns). And it's already been made clear that GPL3 will close this loophole.

    Bruce

    1. Re:Tomorrow... by Anonymous Coward · · Score: 0
      That is yet to be decided. But even if they don't take it back, a lot of those developers will go to GPL3 just because of this. Including important stuff like the C library and GCC (which FSF owns). And it's already been made clear that GPL3 will close this loophole.

      The problem with this line of thought is that it can't apply to derivative works. That is, You GPL something with 2, and then re-license it under 3... If I derived a new work with copy that was GPLed Version 2, I can release it under 2 (or 3, depending on the language used to include GPL version 2). What I can't do, as the copyright holder of the derived work, is publish it under any other license, b/c I'm bound by the original authors license on the work I derived it from.
    2. Re:Tomorrow... by Daniel+Phillips · · Score: 1

      it's already been made clear that GPL3 will close this loophole

      If there even is a loophole.

      --
      Have you got your LWN subscription yet?
    3. Re:Tomorrow... by ardor · · Score: 1

      important stuff like the C library

      Great. So linking an app in Linux will be only possible a) if the app is GPLed b) manually links to another libc.
      If there is one library that shows why lgpl is a good idea, then its glibc.

      --
      This sig does not contain any SCO code.
    4. Re:Tomorrow... by Anonymous Coward · · Score: 1, Informative

      No.

      First, GPL have nothing to do at link time, it is only a distribution license.

      Second, linking with glibc have never made the resulting stuff (L)GPL.

      The issue here is that Novell will lose the right to distribute glibc itself, and, as a Linux distributor, this can be considered slightly harmfull (understatement of the day).

    5. Re:Tomorrow... by BlenderFX · · Score: 2, Interesting

      If new versions of GCC, libc, etc. get licensed under the GPLv3, that means that Novell will be allowed to use the old versions, which means no updates whatsoever. I doubt that Novell will hire programmers updating their own forks of the some of the most essential parts of GNU/Linux. So GPLv3 is a solution to the problem.

    6. Re:Tomorrow... by sjames · · Score: 1

      he problem with this line of thought is that it can't apply to derivative works. That is, You GPL something with 2, and then re-license it under 3... If I derived a new work with copy that was GPLed Version 2, I can release it under 2 (or 3, depending on the language used to include GPL version 2).

      You DO have the right to fork the work starting with the last version that offered GPL version 2. From that point forward, you'll have to make the improvements yourself or convince others to prefer contributing to your fork rather than the main version. If the popular opinion in the Free software community is that you're a bad citizen, you won't get a lot of help.

      It won't make much difference today or tomorrow, but as time goes on it will become increasingly important. How enthusiastic would you be about deploying a server running Suse 6.4 today? Can you imagine trying to maintain a group of servers running libc5 and a.out binaries today?

      Novell is the Linux community's answer to Neville Chamberlain.

    7. Re:Tomorrow... by ardor · · Score: 1

      First, GPL have nothing to do at link time, it is only a distribution license.

      This is a de-facto tautology. You can link any stuff you want, but it must not leave the house unless its legally ok. This is why distributions cannot be shipped with preinstalled nvidia closed source drivers, for example.

      Second, linking with glibc have never made the resulting stuff (L)GPL.

      In case of glibc, its LGPL. And linking with a LGPL lib is a gray area, because it does not clarify when the work is no longer derivative (remember, you use the glibc headers!). It gets even trickier in C++, where one derives from classes - then, it is totally unclear where to draw the line; is it derivative work when you derive from an abstract base class for custom I/O access (the typical "File" interface in C++ image loading libraries for example)? Remember, you have to present all this to judges - they do NOT see "common sense" in the different deriving practices (because, well, they aren't developers). So, it is absolutely logical for you and me that such a case is *not* derivative work, but not for the judge.

      This is one reason why Mozilla has its MPL, Sun its CDDL. If a LGPL v3 would clarify the headers and class deriving situation, things would get easier. (If the LGPL v3 became more strict, for example regarding *every* class derivation as derivative work, there would be a need for another license though; MPL and CDDL have their issues, unfortunately.)

      But GPL libraries fully endorse the viral nature and require the result to be GPLed, or at least put under a GPL-compatible license / dual license. This is why usually GPL for libraries makes no sense; XviD is a special case, they cannot distribute it in binary form, because this would violate MPEG4 terms, so it is distributed as source only. Since any closed-source app linking with XviD would violate the terms too, it makes sense to put it under GPL. Other than that, LGPL / MPL / BSD - like licenses are the way to go for libraries.

      --
      This sig does not contain any SCO code.
  55. Samba team - What can I do? by ScrewTivo · · Score: 1

    You have my highest respect. Tell me.

  56. Interoperability puzzle by Freed · · Score: 1

    So the deal to enhance interoperability ends up alienating the experts in the Samba project who are all about...interoperability?

    This dog don't hunt.

  57. poor opensuse... by towsonu2003 · · Score: 2, Interesting

    I wish someone could salvage opensuse from Novell's [now dirty] hands...

  58. This could also push users to Open Solaris by ScrewTivo · · Score: 1

    http://www.opensolaris.org/os/

    Microsoft is on the attack and they have a HUGE war chest! So a quick duck out of the way of this impending doom may just be Solaris. Whooo 'da thunk?

    Now my memory is a bit vague ... How much did Novell pay for SUSE?....hummmmm ..... let be think ..... maybe I'll Google it....Yep just as I thought!

    Guess Novell is just trying to bail out of a bad decision.... which of course will ruin one of the top distros.

  59. GPL Version 3 by Morosoph · · Score: 3, Interesting

    There's a simple way to make Novell uncompetitive: release your code under the GPL version 3. What's touch and go in version 2 is clarified in version 3.

    Novell, most likely, won't be licenced to use your code. You get the additional benefit of community defence against future antisocial and free-riding behaviour.

    1. Re:GPL Version 3 by albertost · · Score: 2, Interesting

      I dont know if I missing something here, but I guess most code from the GNU project will be released under GPLv3... if Novell wont be able to used this code, arent they already in trouble?

    2. Re:GPL Version 3 by hdparm · · Score: 2, Insightful
      Well, if code writers of major pieces of distro-included software release future versions under GPL3, Novell is screwed either way (as they should be for being Balmer's whore). In that case, they'll either have to get out of MS agreement if they want to use new versions, or start forking GPL2 released code, for which they don't have enough money or expertise.

      I'm glad this happened. Is this enough to stop bitching whenever Stallman does something new? He's right, again. He's got brains and sure knows how to use it. Linus, are you following this? Accept GPL3, release kernel under it and everything will be sweet. Only bastards like Novell will end fucked-up.

  60. License by Anonymous Coward · · Score: 0

    Silly Silly. I don't forsee Novell releasing any individual (open source) package in their distribution with a changed license. Talk about it when you see Novell changing from the licences currently used.

  61. You have to live in order to... by postmortem · · Score: 1

    fight tomorrow.

    It is wonder that Novell has survived this long without distinctive product, and with every other major IT business providing similar solutions. This deal allows Novell to live as company, and perhaps invest this cash into something for the future.

    Is Novell business to protect GPL for free, or to profit?

    Finally acquisition of SuSE paid off for them. Conspiracy theorists could claim that this was planned from start by Microsoft and Novell.

    I would too sell somebody else's property for hundred millions of dollars.

  62. Kill your analogies by novus+ordo · · Score: 1

    "Liberty is to faction, what air is to fire, an ailment without which it instantly expires." -James Madison

    --
    "You're everywhere. You're omnivorous."
  63. full disclosure by Anonymous Coward · · Score: 0

    tridge works for ibm, who is of course no great friend to microsoft.

    1. Re:full disclosure by Jeremy+Allison+-+Sam · · Score: 4, Informative

      Yeah well I work for Novell. So what do you have to say about that ?

      I can say this statement was agreed upon unanimously by the Team.

      Jeremy Allison,
      Samba Team.

    2. Re:full disclosure by Anonymous Coward · · Score: 0

      Yeah well I work for Novell. So what do you have to say about that ?

      Time to start cleaning up the CV.

    3. Re:full disclosure by mkro · · Score: 1

      Thank you.

      --
      I shall go and tell the indestructible man that someone plans to murder him.
    4. Re:full disclosure by Perky_Goth · · Score: 1

      ha. i had a feeling you were a great guy from podcast appearences, and now I'm certain. kudos.

  64. Re:I'd mod you up if I had points by symbolic · · Score: 1

    Nice recap...

  65. So what, says Novell by turgid · · Score: 1

    Why should Novell listen to the Samba team? It's too late, the deal is done, and anyway, by doing the deal, Novell has shown that it doesn't get the whole Open Source/Free Software thing.

    Novell is dead. Weep for them and move on.

  66. A few corrections by WindBourne · · Score: 3, Informative
    Microsoft introduced Xenix, spun it off and begat Santa Cruz Organization

    Actually, MS was going to trash Xenix, when a father-son team went looking for something to do. They decided to make an offer to MS for Xenix who said something for nothing is good. It was not an active spin-off from MS.

    Novell bought USL (Unix System Labs) long before Caldera came along. They also bought the rights to DR-DOS before Caldera. In fact, when Novell engineers started up with a Linux group, ppl such as Dvorack ripped Novell for even looking at Linux. So the engineers convinced Ray to spin them off and back them. Ray quit Novell and spun off all the Linux and DR-Dos work with a new company called Caldera (which became 2 companies for IPO purposes; but I forget what the name of the embedded one was).

    Novell then sold the rights to re-sell Unixware to original SCO. Note, that does not include the IP (supposedly). SCO then merged Unixware and sco unix.

    As SCO saw the future, they sold this same Unix rights and the name to Caldera. Caldera kept the Caldera Name for about 1-2 years. Once McBride cut a deal with MS and Sun, they switched back to SCO name and started their infamous Linux crap.

    BTW, I used all of these environments at one time, including MS Xenix.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:A few corrections by Bing+Tsher+E · · Score: 1

      BTW, I used all of these environments at one time, including MS Xenix.

      I have a 'live' copy of MS Xenix installed and running (when powered up) on an Altos 586 system.

      It's kinda on borrowed time though as I no longer have any OS installation media.

  67. Don't like it, don't buy : not so easy! by Anonymous Coward · · Score: 0

    Don't know about US or other countries, but here there's a law here which the government must obey.

    It says you can't exclude anyone from participating in official auctions (I believe the English word is procurement).

    So you think you can always buy Red Hat. Well, you can't. You must conduct a session, previously advertised in media, open to all interested parties, with open and transparent negotiations and you know what? Novell can make the price reach 0 if they so will.

    And, as the law declares the winner he who offers for less, Novell will get the business, whether you want it or not.

    It sucks, but there's nothing one can do. Unless Red Hat comes up with some technology which is essential (very doubtful) and Novell has not (also very doubtful and in fact, the opposite is quite more probable since Novell sells proprietary aplications).

    Also, I'd like to remark one detail which is important IMHO: Microsoft is desperate to make OpenXML (or whatever it's called nowadays) a valid standard. This is not possible now, because even if ECMA manages to make it be ISO approved, many governments will favour ODF, because it has no IP issues.

    OpenXML OTOH, and unless MS changed its stance, cannot be derived (forked) by third-parties. Or so I read from the news.

    MS, the deal reads, is getting Novell to adapt Oo.o to accept OpenXML. This will make some Multiple Choice Selection Experts (M.C.S.E.) rejoice...

  68. it doesn't matter by oohshiny · · Score: 2, Insightful

    I don't see why people get so upset about this. The agreement is pretty meaningless as far as open source is concerned. Microsoft probably made it in order (1) to spread FUD, (2) maybe actually get involved a little with Linux, and (3) to get cross licenses for Novell's patents. It's not like it's a huge amount of money for them, but it does help Novell, and Novell has actually contributed positively for the time being.

  69. IMHO, patent fear not what's to be afraid of by Anonymous Coward · · Score: 0

    It seems like everyone is afraid that M$ will sue someone over patents.

    I don't think the patents are the target of M$, but the ability to run Linux code natively in Windows.

    Both parties are paying each other for something. I don't think Novel is paying for patent protection, but rather paying for the use of Windows library files which M$ will modify for some M$ code to run within Novel's distros. I specified that M$ will modify the code in order to prevent others from making the code available to other Linux distros.

    M$ is paying for Novel's code base in order to run their distro within Windows. The difference is M$ will be able to see the source code and (I believe) they hope to make similar code but different enough as to not violate any patents Novel holds. Once M$ has its own code that can run Linux applications within a Windows OS, they will discontinue any partnership with Novel. This would force Novel to remove any Windows libraries they have been using becoming once again just a Linux distro.

    M$ now would have been able to see and take any and/or all the good parts of Linux, and incorporate them within a future Windows OS. They then could also create free downloads of code that would allow users to run any Linux applications within this new OS.

    Who wins? M$ with a Windows OS that can run Linux applications natively or a Linux OS that can run Window applications in a soso manner within a virtual environment or thru a dual boot method.

  70. authority by Anonymous Coward · · Score: 0

    Beside FUDing, MST might try to establish itself as some kind of authority in the linux and FOSS domains. If this starts to happen, it will have to be dealt with

  71. How many times? by SQLz · · Score: 1

    I mean, how many times does Novell have to sit on the brink of bankruptcy before they get it?

  72. yeh, but ... opportunity cost? by Mateo_LeFou · · Score: 1

    Every hour MS spends on WGA, DRM, and the like is an hour they could've spent making my machine run better. Admittedly, it's only the /. prefilter that makes us think MS's development efforts go solely into technological control measures, but the point stands that F/OSS basically never goes near this realm.

    Question: without all the control measures that benefit only MS and its partners (Cf. the "content industry") would Vista still require all that processing power?

    --
    My turnips listen for the soft cry of your love
  73. Microsoft's interests are money by Statecraftsman · · Score: 2, Insightful

    I don't think Microsoft has intentions of being the next SCO. They just want a way to control some foothold of open source deployment. In process Novell is happy to get some solid sales going from their SUSE investment even if they piss off the open source world.

    I don't see this as a dividing tactic but just a money making one. It's not as if half of the open source community is going to jump to proprietary software just because of one deal.

  74. By open source, should be for open source by quixote9 · · Score: 1

    There is something repulsive about a company whose value derives from the free contributions of thousands of people turning that value into profit for a few people. There oughta be a law. There probably isn't. And if there is, it's probably on the wrong side.

  75. Wrong again by NineNine · · Score: 1

    I'm not going to address a essay that hinges on the word "evil". "Evil" is a word that is best left to religion and other fairy tales. Instead of that badly written essay, you should instead go to the source. From lp.org:


    Transitional Action: Eliminate all federal grants of monopoly or subsidy to any private companies, such as utilities, airlines, energy companies, agriculture, science, medicine, broadcasting, the arts and sports teams. Repeal all anti-trust laws. All federal agencies whose primary function is to make or guarantee corporate loans must be abolished or privatized.


    You don't need some convoluted essay to explain the Libertarian stance. It's very simple: government is bad. Private rights (including property rights) are good. Government interfering with private property ("anti-trust") is very bad.

    1. Re:Wrong again by the+eric+conspiracy · · Score: 1

      Nice try, but I'm not going to let you weasel out here. You have taken the mantle of Libertarianism in defense of Microsoft when in fact Microsoft itself is based on government interference of personal property rights. You do not have a defensible position.

    2. Re:Wrong again by NineNine · · Score: 1

      You have taken the mantle of Libertarianism in defense of Microsoft when in fact Microsoft itself is based on government interference of personal property rights.

      What in the hell are you talking about?

      What part of "Repeal all anti-trust laws." is unclear?

    3. Re:Wrong again by Mr.+Hankey · · Score: 2

      So you feel anti-trust laws are somehow bad? Let's get rid of IP laws as well, I think they're morally corrupt. The two sort of balance each other out to a degree, although the former is typically only used when companies grossly overstep their bounds and the latter at the drop of a hat. If we're going to get rid of anti-trust laws that protect us from this sort of behavior, let's get rid of a few more bad apples while we're at it.

      --
      GPL: Free as in will
    4. Re:Wrong again by NineNine · · Score: 0, Troll

      Oh, that's brilliant. In one paragraph, you advocate for giving up our personal property rights to the government (or at some arbitrary amount of personal property, after which the government siezes it), and giving up personal rights to own intellectual property. Do you advocate that the convert to feudalism, so that we, the people, don't have to worry about pesky private property, and we let the nanny state take care of all of those desicions for us? You sound like you'd make a good serf.

    5. Re:Wrong again by Mr.+Hankey · · Score: 1

      I fully advocate giving up "intellectual property" as it is currently defined, which is distinct from physical personal property. Intellectual property has been twisted into a tool with which to bludgeon one's competitors via minor details, which I frankly find offensive and morally corrupt. You're advocating removing the controls put in place for corporations which abuse monopoly-type situations, the removal of which would be just as anti-consumer as intellectual property. I'm saying if you're willing to go that far, you might as well throw it all out and start over. The two arguments are more or less complete opposites, and each is as valid as the other.

      --
      GPL: Free as in will
    6. Re:Wrong again by Anonymous Coward · · Score: 0

      I don't think NineNine needs to weasel out of anything. You linked to something that you're trying to claim is "the Libertarian view" of Microsoft, while the authors themselves specifically state that their view is a "radical Libertarian stance" about Microsoft. Which is to say, try as they might, not really a Libertarian view at all.

      You might wanna rethink whose position is really the indefensible one here...

    7. Re:Wrong again by the+eric+conspiracy · · Score: 1

      Anti-trust laws arise in great part from the need to control monopolies that would not exist if it were not for other government fiats granting monopolies, such as IP laws. If you propose the Libertarian stance that anti-trust laws are not reasonable, then the laws that foster the creation of these monopolies must go too.

      You cannot write agaisnt anti-trust laws and be consistent without embracing the whole package.

      Without these laws Microsoft as currently constituted would cease to exist. Problem solved.

  76. I Hope So [nt] by Morosoph · · Score: 1

    -- nt --

  77. SuSE's fault by Anonymous Coward · · Score: 0

    It's all because SuSE sold itself.

  78. to which Novell responds by jimbojw · · Score: 1

    "meh" with a shrug

  79. Re:I'd mod you up if I had points by daniel23 · · Score: 3, Insightful

    Yes, but I feel at least one important factor is missing in it, he failed to mention the red dressed archangle Pamela and her heavenly troops who rose from nowhere to hit SCO's litigation with facts and research.
    http://www.groklaw.net/articlebasic.php?story=2005 0515115448782

    --
    605413? Yes, it's a prime.
  80. FUD by sentientbrendan · · Score: 2, Insightful

    "Novell donates, code to firefox, and now Microsoft can sue the mozilla foundation for patent infringements,"

    That's a totally illogical and ignorant statement. Whether or not someone is in violation of a patent has *nothing* to do with who wrote their code. Such an idea totally confuses patents and copyright.

    I can't believe the amount of bullshit that's been posted on slashdot since the novell microsoft deal. The deal is something that in no way shape or form puts microsoft in any position to threaten the open source movement (how could it?!), if anything it does the exact opposite. Yet, since it happened slashdot has been filled with fear mongers and bigots who can do nothing but spew shrill and incoherent microsoft bashing, and "deal with the devil" arguments.

    The reasons that microsoft has been allying with various opensource companies like Novell and Xensource, and releasing open source software (wtl, wix, etc) are entirely clear and make total business sense. There's no need to construct some legally impossible and nefarious scheme about microsoft trying to sue open source companies, especially considering that part of the legal agreement microsoft made with Novell was to *not sue based on patents*.

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

      > Why don't you just compare microsoft to Hitler while you're at it?

      Invoking Godwin's Law already?

      > I will not dignify the content of your post by addressing it directly.

      Ah yes, the last refuge of someone incapable of rebutting an argument.

      > it was a total load of shrill, nonsensical, and ignorant bullshit,

      Namecalling. Brilliant.

    2. Re:FUD by sentientbrendan · · Score: 1

      what argument? you just made some hysterical shrieking noises. I'm saying you are beneath my contempt.

  81. FUD by sentientbrendan · · Score: 0, Flamebait

    >Remember Vader's lines: "I am altering the terms of our agreement. Pray that I do not alter them again."

    *rolls eyes* Why don't you just compare microsoft to Hitler while you're at it? Jesus, this is software development, not freaking star wars you *child*.

    I will not dignify the content of your post by addressing it directly. I will just say that it was a total load of shrill, nonsensical, and ignorant bullshit, and that you should feel ashamed for having written it.

  82. And msft used to own Xenix which became sco-unix by walterbyrd · · Score: 1

    And the legal team (BSF) that represented scox against msft, now has been paid off by msft to represent scox against msft's old business partner, ibm.

  83. Not mutually exclusive by lullabud · · Score: 1

    As an employee of a very successful commercial opensource company I can say that bags of money and making nice with geeks who aren't on our payroll can go hand in hand if you do it right. Novell is just going about it wrong this time.

  84. right on by sentientbrendan · · Score: 1

    Absolutely right. If Samba doesn't want their code to be used like this, then they shouldn't have put it out under a license that *explicitly gives Novell the right to do whatever they want with it*.

    If anything the samba post just goes to show that they have little understanding of the GPL and the philosophy behind the free software movement. The samba developers should know that they retain no right whatsoever to tell any company what they can and cannot use their software for, as they have already given them a license for unlimited use.

    The fact is, they don't have to like or approve of what novell does with their software, as long as novell follows their legal agreement, they have every right to do whatever they want with it.

    1. Re:right on by Freed · · Score: 1

      "The samba developers should know that they retain no right whatsoever to tell any company what they can and cannot use their software for, as they have already given them a license for unlimited use."

      That is patently false, and you should either learn to speak English or read the first Amendment. In your own words in another comment (for this same story no less), "people often say many things which are patently incorrect when they are being irrational and stupid." What makes it funnier is that your mistake here is the precise example I gave in response to your first comment to me. It's OK, no hard feelings.

  85. Re:Where's Linus durring al of this? Saving face. by Freed · · Score: 1

    He and some top kernel devs were gushing about how GPL2 was good enough. Avoiding comment on this allows them to save face.

  86. no it doesn't by sentientbrendan · · Score: 0, Flamebait

    >Uh, the idiomatic "right to ..." phrase typically means "moral justification to ...".
    I have nothing more to say to that other than it is patently false, and you should learn how to speak english.

    1. Re:no it doesn't by Freed · · Score: 1

      My claim is not that it is correct English, but the typical idiomatic usage. Haven't you ever heard someone say, "You don't have the right to tell me what to do!"? Moreover, I don't use it, so get off your high horse, please. Thank you.

    2. Re:no it doesn't by sentientbrendan · · Score: 1

      People often say many things which are patently incorrect when they are being irrational and stupid. That's not an idiom dumbass.

      Also, I'm not on a high horse (that's an idiom!), I just think you are stupid.

    3. Re:no it doesn't by Freed · · Score: 1

      Thanks for the correction on "idiomatic" (the original statement without it still holds, however). Have you ever made a mistake?

  87. Reply: GPL Version 3 .... by OldHawk777 · · Score: 2, Interesting

    I agree, I am not overly worried about Novell Suse and MS destroying OSS, GPL, FSF, GNU, Linux, ....

    There was a GPL, a GPL-2, soon the GPL-3 will spread to cover OSS. Novel Suse wants more market share from RedHat and others, MS is trying to survive and may become a late-future OSS OSD. MS is evil, but maybe will repent their sins in the far-fetched future or fail/lose market share like IBM, GM, Novell, .... It is do or die time for many software companies including ... will they have something to offer in the future that customers want.

    Eventually, 3 to 10 years, the international community, US, and UN will demand reasonable IPR laws that protect innovation, private R&D and personal use, commerce, and ownership. Today's IPR are just industrial-age theft of property, exploitation, extortion ... fraud which is protected by legacy Luddite governments (US, EU, UN ... them) controlled by the special interest plutocrats.

    Long-winded but accurate objective perspective of US and politics today.

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  88. boycott Novell by cdn-programmer · · Score: 1

    There are probably enough people who don't like this to start a Novell boycott.

    Many people who read slashdot are consultants or know consultants and these people are actually closely connected to those who control the purse strings.

    If Novell goes bankrupt over this then we can be assured other companies will notice.

    1. Re:boycott Novell by DaveV1.0 · · Score: 1

      As if those that would join the boycot actually buy software.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  89. Moral right by Rix · · Score: 1

    Not legal right.

  90. Re:Novell destroyed SuSE by daniel23 · · Score: 1

    What a shame SuSE sold out to let itself be destroyed by Novell.
    I've been with SuSE for a long time, since 5.3, to be precise.
    After all, it was a German distro, for once defaults tended to be like I needed them, instead of always US orthodox.
    And SuSE had that very comfortable ftp-install option (instead of having to download an entire .iso I could load a mini boot.iso and then run the install over ftp, downloading only the files I actually needed. Less important now, but when 5.3 was fresh having an ISDN connection with 64kbits was the best of the affordable options and size did matter then.)
    And KDE instead of Gnome. A list of European ISPs to choose from when configureing dial-up instead of US providers not available here. etc.
    SuSE turned Novell and the first thing that changed was to ami-ify all the defaults and rebrand the thing. Next thing Novell got rid of a good number of key persons who had actually made SuSE. It was then that SuSE projects turned slow, like you could consider yourself lucky if clamAV for SuSE followed to the next version step before clamAV itself did even the next one. Time to explore alternatives for me.
    As of now there are just two boxen left running on Suse 9.3 and 10.0, and as soon as updates for those versions get discontinued, they will be moved to either k|x|ubuntu or debian like the other ones.
    After going down to Novell SuSE lost most of its sellingpoints for me, making deals with MS makes it even less attractive in my eyes.

    --
    605413? Yes, it's a prime.
  91. Does Microsoft have purchased Novell? by blackorzar · · Score: 1

    Have you noticed that Microsoft has purchased 70 000 coupons for SUSE Linux Enterprise Server maintenance and support per year and that Novell has 50000 customers

    Check this on:
    http://www.novell.com/linux/microsoft/faq.html
    http://www.novell.com/news/press/item.jsp?id=1199

    Is there an error on these numbers??
    I know, that a customer can have more than one license, but some customers don't have purchased the SUSE Server. So... Microsoft has bought a number of licences that is similar to the currently base-installed?
    And then you have that Novell will pay Microsoft a royalty fee depending on sales... The movement seems to be more than just a patent issue, don't you think?
    Any comments on the Database camp?

  92. I know what I say. Thank you. by Anonymous Coward · · Score: 0

    Seriously, thank you for being willing to stand up and speak like this, most particularly
    because you work for Novell.

    Since you work there, maybe I can ask you if you happen to know: were SUSE developers consulted at all prior to the deal being struck?

  93. Microsoft always the clever tactitions by emdeejay76 · · Score: 1

    I'd imagine that Novell were coerced into this agreement by Microsoft, who adopted a strategy of "Agree to this, or we go after you". They know full well that such an agreement will have massive effect on Novell's reputation within the Open Source community, and $300 million for a big dent in the commercial reputation of Linux is from Microsoft's perspective a good deal. Matt

  94. Re:Opposite - Take a Good Look, Folks by xski · · Score: 1

    The Magic of Branding.

    It has nothing to do with, well, anything thats going to affect the software that runs your business. But wow it sure makes you Feel Better.

  95. AMEN! by thombone69 · · Score: 0

    I mean, what else is there to say? The SAMBA team has said it all. Truly an excellent response. Sums it up perfectly. Thanks for sharing this story.

  96. Doesn't matter! by Hairy1 · · Score: 1

    The Novell deal will have no effect on open source developers at all. The 'license' is just not related to open source. It might provide limited coverage to Novell customers, by which I mean limited to Microsoft, but it will do nothing to protect Linux users from claims made by other companies such as the claim by FireStar against Red Hat. In any case, Novell, Red Hat and other companies have stood behind Linux with indemnity for their customers, and so Novell hasn't bought anything of benefit to their customers; only reduced their own risk profile.

    Lets stop beating up on Novell; the move was pragmatic - it got them some cash so they could continue to survive. The interesting thing will happen if and when Microsoft attacks another Linux company, because then Novell will be aware of a patent, and then they won't be able to distribute according to the GPL.

    Personally I think that the community has vastly over reacted to the move by Novell, and that if we want to be taken more seriously we should perhaps look at ourselves. We were baited by this one, and we took that bait hook, line and sinker.

  97. GPLv3 by babbling · · Score: 1

    This is yet another example of why we need GPLv3. The patent clause in GPLv3 would prevent Novell from distributing patented software with patent protection without extending the patent protection to everyone in the community.

  98. Burn her! Burn her! She's a witch I tell you! by theendlessnow · · Score: 1
    In all fairness, having spent some time around Samba team members... who have wanted to forge a close working relationship with Microsoft for a long, long time... it's just a strange response.

    With regards to patents... let's see.. what has the Samba team or anyone else in the free software movement done to try to eliminate the current US patent system? Answer: NOTHING

    Well... there are a few "sit ins" and some (not Samba) have learned to speak Welsh... but those are just simple protests and really haven't had any effect.

    Novell sees patents as something current... something with some legal bindings... and low and behold... that's 100% true! You can hate patents, loathe patents, detest patents... but at the end of the day, when you are served notice of patent infringement, what are you going to do? Is it going to magically disappear??

    I don't like the Novell+Microsoft deal either. So... I'm guessing that the Samba team (again, who has done NOTHING to effect any change on the patent system) must have a wondrous idea of how solve the problem. Maybe the Samba team has offered to pay the legal fees for any and all software developers working on the Samba project who are doing Samba development or other open source code development? I guess I don't know the answer to that.

    Novell really believes they did something good (really). IMHO, "good" and "Microsoft" don't belong in the same sentence. But I do understand why Novell felt it was necessary. Even if we disagree with Novell's "solution" (if it's even a solution), we can at least say that something was attempted to protect individuals (even if it turns out to not be so effective).

    Personally, I would love to see it all work out for Novell... but the open source community needed a witch... Microsoft has proven to be inflammable. Time to torch Novell and see if this witch will burn. And... if Novell is the open source witch... I guess we should all celebrate the torching. Fedora flambe anyone? This could be fun. Gives new meaning to ESR's Scorched Earth philosophy.

  99. Re:Where's Linus durring al of this? Saving face. by Anonymous Coward · · Score: 0

    Hopefully this will change their view of GPLv3.

  100. GPLv3 does not prevent deals of this type. by Anonymous Coward · · Score: 1, Interesting
    Everyone is seems to be assuming that draft GPL V3 is not vulnerable to deals of this type. It is actually more vulnerable! This is because of the following change:

    In GPL V2 we have:

    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.

    The corresponding section from GPL V3 reads:

    For example, if you accept a patent license that prohibits royalty-free conveying by 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 conveying the Program.

    Note how "would not permit" has been changed to "prohibits". What the authors of GPL V3 do not seem to realize is, that a patent License does not have to prohibit anything! All "prohibiting" is done by the U.S. code. A patent license can grant some rights while failing to grant other rights. This is not "prohibiting".

    The ironic thing is the GPL works the same way. The FSF has been boasting for years that the GPL is not a contract. See:
    http://www.groklaw.net/article.php?story=200312142 10634851

    It grants some rights and fails to grant other rights. This is explicit in the GPL:

    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.

    You see! The GPL does not prohibit anything! All prohibiting is done by title 17 of the US code. There is no reason that a patent license could not do the same thing with Title 35 of the US code!

    The change from "would not permit" to "prohibit" does make sense. If "would not permit" is read as "fails to explicitly allow" then the "for example" statement is not an example! Let us look at the "for example" statement in context:

    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.

    What if you accept an agreement, which is a patent license, that does not impose any conditions or obligations on you that are inconsistent with GPL? This could happen, for example, if all the patents mentioned were invalid! Or it could happen if you were the recipient a patent license that was a unilateral grant of rights and you never agreed to anything. (Like the GPL). If "would not permit"; is read as "fails to explicitly allow" then the "for example" statement could apply even though the two sentences above it fail to apply. In short you could have an "example" that is not an example of anything!

    That is why I believe that "would no

  101. So much for the "open" source concept from SAMBA by Anonymous Coward · · Score: 0

    Funny how the open source folks think everything should be open. Until of couse someone does something with the "open" code that they don't happen to agree with. Then they scream how unfair "their" code gets used for that purpose.

  102. Ok. I must be missing something by Mente · · Score: 1

    If I understand the agreement correctly, the only thing it affects is virtual machines. You can run SuSE on a Windows based VM and vice versa. Thats it. You would think that deals like this have never existed before. There are TONS of propriatary commercial software that runs on Linux that has a "Only supported on x". For years there was no option other than Red Hat for commercial software on Linux is you wanted support from the software company.

    This states that SuSE is the only supported version of Linux running in Windows VM, and that Novell is protected if you are using something like Xen to run Windows on a SuSE box.

    Microsoft gets to pick its poison when it comes to Linux running in VMs and Novell gets the antidote.

  103. boycot by Intangion · · Score: 1

    i think i agree with what ive seen so many others saying lately, boycot all novell crap

  104. Complete and utter FUD by NineNine · · Score: 1

    There are F/OSS alternatives available already to accomplish everything you've cited. I know, I've done it. A few minutes' googling will usually result in multiple F/OSS apps/systems/OSs, etc to accomplish a given task.

    I can head down to my local office supply store and pick up a copy of Quickbooks for $150. There is no FOSS equivalent that has anywhere near the functionality of Quickbooks. You really can't get any more basic than that as far as business software goes. You can Google all day, but you won't find anything that comes remotely close to it.

    Come on. Name one. Just one. One that has all of the functionality. Hell, how about 75% of the functionality? Where is this magical software?

    I'm not exaggerating. You simply cannot run a viable small business with just Linux, unless you handle your accounting with a bookkeeper that is running Windows or OSX o even DOS.

    1. Re:Complete and utter FUD by oscartheduck · · Score: 1

      Turbocash is getting better all the time. Heres a little look at their feature list:
      http://www.turbocashuk.com/accounting-softw are-compare.html

      The screenshots page on their website shows them off a little better than that list.

      --
      How to use coral cache: http://slashdot.org.nyud.net:8090/~oscartheduck
    2. Re:Complete and utter FUD by NineNine · · Score: 1

      Unfortunately, it lacks payroll. Can't pay employees (or yourself) without it. That's pretty basic.

    3. Re:Complete and utter FUD by oscartheduck · · Score: 1

      YOu can create payroll information using a plug in http://www.turbocash.net/index.php?option=com_cont ent&task=view&id=28&Itemid=100

      Unfortunately, you're right that there doesn't seem to be any way to actually print cheques. As this is a business book keeping software, being able to track payroll is what I consider more vital than needing to print payroll information straight from the program, but it looks like turbocash requires a pay plugin for that functionality, which should definitely be built in to the program itself.

      --
      How to use coral cache: http://slashdot.org.nyud.net:8090/~oscartheduck
    4. Re:Complete and utter FUD by NineNine · · Score: 1

      You're still having to do all the calculations for taxes: FICA, Medicare, State and Federal withholding by hand. That's not really a viable option unless you're an accountant. Not only does this need to be a core part of the program, but there needs to be a subscription program that updates all of the rates and rules on a regular basis and on a federal, state, and local level. It's important enough to me that I pay $300/year for this service now.

    5. Re:Complete and utter FUD by fingusernames · · Score: 2, Informative

      Ooooh, the scary payroll problem.

      I also use QuickBooks, and I also subscribe to the payroll service, the most basic one. However, that is just because I have better things to do with my time than do the very simple calculations required for tax compliance. I still do my own deposits via the Federal EFTPS system and the state online systems. I send in my own little quarterly coupons and quarterly fed 941 returns.

      For a small business, manually calculating it would take a little research the first time, and from then on it would be trivial every other week to manage for a handful of employees. I used to do it. It isn't rocket science. Calculate percentages, track and stop at yearly limits. Keep totals, enter liabilities into the appropriate account in accounting software. Make your tax deposits. File your forms. People managed this just fine before QuickBooks. It was quite viable. They used those ruled double entry accounting notepads ("the books") they sell at the office supply stores, not to mention the payroll management worksheets they sell. Using an accounting software package to replace the notepads is quite an improvement. If somebody wants to save a couple hundred $$ a year and do their own payroll, it certainly isn't difficult.

      Larry

    6. Re:Complete and utter FUD by NineNine · · Score: 1

      No, you're right it isn't difficult. But you made the point yourself... it's not worth your (or my) time to do this. So, by definition, any of the Linux-based solutions out there are going to force us to actually go *backwards* in terms of functionality. It isn't cost effective for me to save a few hundred bucks a year, but then have to spend that much more time on payroll. It just doesn't make sense, unless one believes that Linux in and of itself, is an end worth more than $xxxx or xx hours of time. I don't believe that. It sounds like you don't either.

      But that was my point. There are no options right now, unless you're willing to spend more time/money than you currently are. I'm just not nearly wealthy enough to be able to sacrifice my time and money for something as idealistic as OSS.

    7. Re:Complete and utter FUD by izzo+nizzo · · Score: 1

      OK, the point about sacrifice is valid. But there are several reasons we should all be thrilled that the OSS alternatives are out there, still adding features and still attracting users.
      First, without competition, who knows what features m$ would build or what it would cost? If you respect yourself you shouldn't deny that the near-monopoly windows enjoyed for a while was severely detrimental to its functionality, inflated the price, and gave Gates the delusion that he could tax us all (and Europe too) to pay his legal bills and republican donations. Yes, he donates money to Africa, but if he hadn't seated a bunch of self-loving idiots then our government would have the resources to donate properly. And his software actively destroys value by confusing, enraging, and depressing users, sticking them with viruses, making them wait minutes for the simplest window renders and dialog boxes, etc. There are so many people within m$ to please that when the soft sees the light of day, none of the rest of us can understand its potential. I'm not saying it's useless; Excel for example is a great product. I'm just saying that the fact of the monopoly has been intensely detrimental to m$ products themselves.
      Therefore, m$ should not be allowed to get its hands on Linux, not ever. It's awesome that Gates no longer considers himself a software architect, but still NO DICE. There are good reasons why we outlawed monopolies and trusts, and they have come back to haunt us hardcore. The world would, simply, be a far better place if fewer of us were annoyed and plagued and depleted by m$ and all their corporate trickery. Did you never wonder what would have come of all those smaller projects they purchased for the sole purpose of scuttling them?
      The past decade saw a lot of very capable hardware fall into the hands of a lot of clever people. So why have so few taken it upon themselves to write software, or even to download much of it, despite the unfathomable savings of time and expansion of productivity entailed? No matter how much he loves the smell of his own shit, there is only one man to blame. And it's easy to hate, harder to cooperate, I know, but Novell, please, cooperate with someone who isn't just trying to take all of our money and put it in a big pile like St. Helens.

  105. The first remake of FUD Geste by symbolset · · Score: 1

    The really sad part about this story (to me) is that I can't submit the response I originally wrote even as Anonymous.

    Let it suffice to say you completely misunderstand both the history and the situation. Novell is the SCO in this remake. The role of weaselling lying lawyer has yet to be cast, but competition for the role is fierce as this starring role gets 100% of Novell's considerable assets and none of its liabilities. The part of Baystar is being played by Wells Fargo. The script has only minor changes. The set is still on location in Utah. Filming will commence concurrently with the final episodes of the original serial drama.

    Watching the original was like a slow motion train wreck -- morbidly compelling, but tediously dull at the same time. Hopefully for The Last Remake of FUD Geste they can at least get a Baldwin.

    --
    Help stamp out iliturcy.
  106. Apple Stores seem to have it. by Kadin2048 · · Score: 1

    Laugh all you want, then go over to the Apple store and take a look at the point-of-sale displays.

    Not sure if they sell it to the public, but "iCashRegister" exists, and it works with the credit card readers, UPC scanners, receipt printers, electronic-pen signature devices, cash drawers and everything else there.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  107. Welsh ? (was Re:A wiiiiiitch !) by o'reor · · Score: 1
    there are a few "sit ins" and some (not Samba) have learned to speak Welsh.
    Just out of sheer interest, how is learning Welsh supposed to have any effect on the current US patent system, or how can it even pass as a "protest" ? I'm really interested, and if you can answer that question, I might actually join the movement too : learning Welsh wouldn't be too difficult for me since I already speak breton... but I seriously doubt the effectiveness of that action.

    Learning and teaching Celtic languages is fun anyway, and I don't need an unrelated political cause to get into it.

    --
    In Soviet Russia, our new overlords are belong to all your base.
    1. Re:Welsh ? (was Re:A wiiiiiitch !) by theendlessnow · · Score: 1
      See Alan Cox's Diary at:

      http://zenii.linux.org.uk/diary/

  108. Spirit? Ethics? by Pecisk · · Score: 1

    Come on, we are talking about corporation here.

    So, next version of GPL will forbid distribute covered product by company? It is that right?
    Or I missing here, is there something so very important about FUD and PR, we can't address without change of license?

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  109. ... and 9 years ago... by EmbeddedJanitor · · Score: 1
    Steve Jobs got a hiss from the Apple fanboys when he said thanks to Bill Gates: http://www.time.com/time/covers/0,16641,1101970818 ,00.html

    I don't think MS really dug Apple out of their hole (Zune anyone?), and likely they're not going to tread lightly on Novell either.

    --
    Engineering is the art of compromise.
  110. Re:This could also push users to Open Solaris by Slashcrap · · Score: 1, Insightful

    Microsoft is on the attack and they have a HUGE war chest! So a quick duck out of the way of this impending doom may just be Solaris. Whooo 'da thunk?

    No man, you got it all wrong.

    It's Joerg Schilling and his magentic personality that's going to draw people towards OpenSolaris in their millions!

    My scenario is, I think, more plausible than yours.

  111. CIFS and FAT only used for interoperability by Anonymous Coward · · Score: 0

    Some, however, are very obvious Microsoft concepts, such as CIFS and FAT. You can be forgiven for not realizing this, as someone on slashdot had to point this out to me recently.

    That merely highlights your own personal lack of knowledge about Unix and Linux.

    CIFS and FAT have zero to do with native Unix or native Linux --- CIFS and FAT functionality have been added purely to be able to interoperate with Microsoft. And the right to interoperability has been protected in the courts for half a century now. It's one of the strongest technical legal rights.

    No Unix/Linux person would be seen dead using CIFS or FAT unless they need to interoperate, as it would be a totally moronic thing to do, since it is massively slower than using native filestores and also breaks or limits a large number of common Unix facilities like file permissions, file naming, named pipes, etc.

    1. Re:CIFS and FAT only used for interoperability by spiritraveller · · Score: 1

      CIFS and FAT have zero to do with native Unix or native Linux

      Bullshit. They are both in the Linux kernel. EVERY popular Linux distribution uses these technologies.

      CIFS and FAT functionality have been added purely to be able to interoperate with Microsoft. And the right to interoperability has been protected in the courts for half a century now. It's one of the strongest technical legal rights.

      More bullshit (no wonder you posted AC). A cite to a case or a statute would be nice, but none exists.

  112. daisy, daisy... by Anonymous Coward · · Score: 0

    There are better ways to deal with patents than to prevent entire groups of people from using your software.

    Either the GPLv2 or earlier software contains MS patents (or other people's patents) or it doesn't. This has nothing to do with Novell. -- I know, I know, you say it does, but hear me out please -- If it doesn't contain MS patents, (or anybody else's patents for that matter), then there is no violation of the GPL. If it does contain MS patents, (or anybody else's patents for that matter), AND the party who owns the patent sues, then everyone who uses that software, sells that software, etc. would be in violation of the GPL. The only difference is that Novell customers wouldn't be in violation of the patent (if and only if it's MS's patent)

    Example 1: So let's say we have a MS patent violation in Samba (and they sue):

    Novell customers: violation of GPL

    other distro customers: violation of GPL, violation of MS patent.

    Example 2: Now let's say we have an NTP patent violation in Samba (and they sue):

    Novell customers: violation of GPL, violation of NTP patent.

    other distro customers: violation of GPL, violation of NTP patent.

    Notice how Microsoft would be better off not getting Novell in trouble (by suing other distros) in Example 1 -- (MS wants Novell patents). Everyone is better off with this deal (as far as MS patents are concerned). The effect to the "community" is this: No GPL developer(s) have to ever worry about violating MS patents UNINTENTIONALLY ever again so long as they stick with gpl2. Period. It's a wonderful, beautiful, amazing day for Linux, and you're WRONG. Now of course, I'm NOT talking about Novell's "OSI non-compliant open source" software. That's not "free" software. Just GPL and other "free" software.

    Notice how Eben says that Novell's customer's "may be" in violation of GPL - if there's a patent in there AND MS sues, they may be. Obviously, the deal doesn't violate GPL2 on the face of it. Only if MS sues (which they won't, because of Novell's patents). Of course, if there's anyone else's patents in there, and THEY sue, there "may" also be a violation (if that package is installed). Duh. Gotta love lawyers. And I do, really. Especially Eben - he's cool.

    None of this would even be an issue if the license were a BSD license.

    The point is this -- if YOU can't use the software, if I can't use the software, then what's the point of having the software? So that someone can make money?

    Fine - make money off it if you want. Whether or not it "violates" the GPL is irrelevant. The point is this - we want to get high quality software to as many end users as possible. HOW that happens is irrelevant. I see no difference between restricting software via GPLv3, locking it up in a vault at MIT and Microsoft locking up in a closed source software in some cave somewhere. Either way, certain groups of people end up not being able to use the software.

    The deal is fine - it's good. It's good for Linux. Who appointed you as proxy anyway? I have a right to use BSD software or GPL software or whatever. I didn't vote for you as my proxy, did I?

    There's no problem here, move right along. What part of freedom do you not understand? Sacrificing freedom for security? You'll have neither.

    If you don't let people use your software, they'll replace it with something else. Also, the driving force behind this software that we're talking about is the Linux kernel, not the FSF or GNU or GPL. Where's HURD gotten off to? The thing that attracts developers is the Linux kernel. It's not any of those other things. Linux could be licensed under any OSI-approved license, and it would attract developers like crazy. Where Linux goes, developers follow. Squa

  113. What part of 'Capitalism' don't you understand? by Anonymous Coward · · Score: 0

    Novell will do what it has to do to make money, or Novell will be No-More.

    Granted they have a history of botching up things (Buying Word Perfect, dumping Word Perfect)...
    but on the whole, Novell needs to look towards the future and survive the cash flows of today.

  114. Re:I know what I say. Thank you. by Anonymous Coward · · Score: 0

    I don't know about SUSE developers but De Icaza stated he didn't know about this (which took 6 months according to several in the conference video) until less than a week before the announcement:

    "Although I did not take part of the actual negotiations, and was only told about this deal less than a week before the announcement, I had been calling for a long time for a collaboration between Microsoft and Open Source and Microsoft and Novell."

    from http://tirania.org/blog/archive/2006/Nov-04.html

  115. Free? by DaveV1.0 · · Score: 1

    What happened to all that "free as in speech" freedom that is supposed to go with FLOSS, Linux, and the GPL?

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  116. What a load of tosh. by jotaeleemeese · · Score: 1

    The EU, Korea Republic, Australia amongst many others have ruled against MS.

    And in case monopolies are something close to your heart what about thieves? Check for Stac Eletronics and their stacker disk compressing disk software.

    --
    IANAL but write like a drunk one.
  117. Money talks. by jotaeleemeese · · Score: 1

    MS ~400 000 000
    GNOME 0

    Now, back to reality.

    --
    IANAL but write like a drunk one.
  118. Developers, developers, developers. by jotaeleemeese · · Score: 1

    All the distros need just to delete it to be on the clear.

    Not such good luck for any developpers if they get sued, they can't run away from their cod so easily.

    --
    IANAL but write like a drunk one.
  119. Don't be stupid. by jotaeleemeese · · Score: 1

    Sorry to be blunt, but frankly you seem to be living in another planet.

    You can't just ignore patent and copyright issues. This has nothing to do with mindless zealotry, for many of the folks doing development work, patents are a real issue that can make your life a misery.

    If you are in a place where patents are a non issue, good for you, keep coding.

    But otherwise is completely childish and idiotic just to keep coding without stop staring at your computer screen and check what is happening around you, and how that could affect you.

    If MS would sue for patent infringement regarding Mono (which are blantantly trying to replace functionality only to be found in MS products, you work the likelyhood of this) the lives of the developpers would be hell. They would either have to settle (most likely on their prejudice) or face the 800ton gorilla and their team of lawyers.

    The Samaba team are exactly in the same boat because they are aiming to provide an alternative for MS software. If you think MS has not patented stuff regarding their protocols, no matter how trivial those patents are, then you are drinking some very strong Kool-Aid, share some.

    Mono is here to stay in SuSe Linux (if, and that is a very big if, Novell has not broken the GPL, then Novell would have no Linux to start with), but as Ballmer made clear, anybody else may be be not so lucky.

    --
    IANAL but write like a drunk one.
  120. Re:Novell destroyed SuSE by Anonymous Coward · · Score: 0

    We've been using SuSE for about as long as you have. As a company we're fairly recent Novell Partners.

    10.0 was about the last "good" SuSE release. Actually 9.3 was the last good release, 10.0 was OK and had some good points (I'm using it right now to type this).

    Before Novell signed their own death warrant on the 2nd of November, I was already feeling uncomfortable about what Novell had done to SuSE 10.1 and the Enterprise 10 releases - in particular the absolute requirement to use Mono. Before the 2nd I had partially accepted the latter with an "at least they eat their own dog food" self justification, even though it appears to make the package installer run like a dog (I thought it had crashed the first time I used it - that's when I worked out that it was using Mono).

    We were going to use SLES10 as the basis for a communications hardware platform, but in light of the recent events we're highly likely to use something else instead (probably RedHat.) We need an "Enterprise Grade" Linux OS that is going to be vendor supported for a while. We're largely self-supporting Linux-wise, but we do/will have customers. I'd be interested if anybody knows of any alternatives.

    I have 10.1 on my laptop but I think I'm going to upgrade it with Slackware (I haven't used that since 2.something).

  121. Explain your logic by Mariner28 · · Score: 2, Informative
    BTW if you release under the GPL then no commercial organization can use your code. To avoid it being used as a cudgel, you have to also prevent it from being used for legitimate commercial purposes. That is the moral problem with the GPL. It is a paranoid license which assumes all companies are as bad as a few large ones. It would be better to simply not license the code to those specific organizations than to prevent smaller companies from making a proper product from your base code.

    I really, really want to hear you defend - logically - what you just said. You know why? Because you can't. At least, you can't without (a) sounding like an idiot because you don't know what you're talking about, or (b) lying, because what you wrote is a flat out lie and you can only defend it by lying further.

    Which will it be?

    For example, tens of thousands of businesses use Samba internally (Novell, employer of Jeremy Allison, for one). And some contribute back to the project. IBM is another. Red Hat is doing pretty well also. Look at all the internet appliances out there that use Linux and a host of other GPL packages (Cisco-Linksys, Buffalo, Netgear, etc.). They seem to be doing just fine - making money selling products for a profit.

    I call your FUD and raise it with Facts.

    --
    "A little misunderstanding? Galileo and the Pope had a little misunderstanding."
  122. I think... by Eric+Damron · · Score: 1

    he's talking about Microsoft's obvious threat, don't you?

    Yeah, a lot of people have bought into the whole .Net for Linux thing and obviously that was a mistake. I am afraid Mono is dead. It'll twitch for a while but it's dead unless Novell can eliminate the patent infringement fear. Novell has lost loads of credibility because of the deal they cut with Microsoft.

    --
    The race isn't always to the swift... but that's the way to bet!