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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'."

89 of 472 comments (clear)

  1. 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. 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.
  3. 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 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.
    2. 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.
    3. Re:They have every right. by Freed · · Score: 5, Insightful

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

    4. 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

    5. 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
    6. 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.

    7. 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

    8. 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

    9. 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.
    10. 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.

    11. 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.

    12. 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.
    13. 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.

    14. 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?

    15. 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!
  4. 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.
  5. 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
  6. 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.

  7. 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.

  8. 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.
  9. 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?!

  10. 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

  11. 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.

  12. 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

  13. 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.
  14. 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
  15. 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
  16. 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 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.
  17. 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.

  18. 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.

  19. 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. :)

  20. 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.
  21. 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.

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

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

  23. 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.

  24. 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

  25. 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.

  26. 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
  27. 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.

  28. 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
  29. 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)

  30. 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).

  31. 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.

  32. 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

  33. 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.

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

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

    Yay for Microsoft indeed....

  35. 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.
  36. 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

  37. 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.
  38. 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.

  39. 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 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.

  40. poor opensuse... by towsonu2003 · · Score: 2, Interesting

    I wish someone could salvage opensuse from Novell's [now dirty] hands...

  41. Re:Opposite by truedfx · · Score: 2, Insightful

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

  42. 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
  43. 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.
  44. 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.

  45. 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
  46. 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).
  47. 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

  48. 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.

  49. 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
  50. 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.
  51. 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.

  52. 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.

  53. 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.
  54. 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.

  55. 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.

  56. 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.
  57. 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*.

  58. 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?
  59. 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.

  60. 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 :-)

  61. 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
  62. 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

  63. 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."