Slashdot Mirror


Red Hat Rejects Microsoft Patent Deal Overtures

Geekgal writes "Red Hat has slammed the door shut on any possibility of entering into a patent protection deal similar to the one Microsoft recently announced with Novell, eWeek is reporting. While Microsoft has repeatedly said it wants to work with Red Hat and would like to structure a relationship where its customers can be assured of the same thing as Novell's customers now are, Mark Webbink, Red Hat's deputy general counsel, says 'we do not believe there is a need for or basis for the type of relationship defined in the Microsoft-Novell announcement.' Interestingly enough, Microsoft also says that it has not ruled out going it alone and providing some sort of indemnification for its customers who also use Red Hat Linux." Meanwhile, Eben Moglen, the FSF general counsel, promises that GPLv3 will explicitly outlaw deals like this. (Of course everyone's on v2, so calling the Novell deal "DOA" would be premature.)

201 comments

  1. Good for them by Epeeist · · Score: 2, Funny

    If I wasn't running Kubuntu they would get my business.

    1. Re:Good for them by diersing · · Score: 5, Funny

      And by business, we mean free downloading.

    2. Re:Good for them by sentientbeing · · Score: 1

      Yeah. Theyd better straighten up or Ill take my free downloads and homegrown support elsewhere.

      --

      ------
      beware he who would deny you access to information, for in his mind he dreams himself your master
    3. Re:Good for them by 10scjed · · Score: 2, Interesting
      1) Boycott Novell

      2) Nice, Redhat!

      --
      --10scjed IANAL,AFAIK
    4. Re:Good for them by aenright · · Score: 1

      And this is why I still support Red Hat.

    5. Re:Good for them by linuxfanatic1024 · · Score: 1

      I switched from Kubuntu/Ubuntu to Fedora and found that Fedora is much easier to maintain. :D

      --
      Microsoft-free since March 28, 2004
  2. WHY!? by aussie_a · · Score: 5, Interesting
    Microsoft also says that it has not ruled out going it alone and providing some sort of indemnification for its customers who also use Red Hat Linux.

    WHY!? Why on Earth would Microsoft feel the need to offer indemnification to someone's customers in the first place? Why not just, y'know, not sue them without making some big announcement? How is it possible that we've entered a time when a software company saying "We've decided NOT to sue someone" will actually create positive PR?
    1. Re:WHY!? by betterunixthanunix · · Score: 5, Interesting

      Because Microsoft wants to turn Linux into a platform for its products -- a last ditch effort to try and marginalize FOSS. First, they sign a deal with a few prominent Linux vendors, claiming that they will indemnify only those particular distros. Then, having given all the big enterprise Linux users a reason to switch over to those distros, Microsoft starts publishing software for those distros specifically, keeping it all closed of course. Finally, after a few years, Linux has become a platform for proprietary products...and is no longer a threat to Microsoft. By ensuring that only major Linux vendors are in on it, Microsoft helps sideline other FOSS projects, killing the culture of openness and freedom and limiting choice. Notice that no overtures have been made for non-commercial distros or distros that are popular among home users: Microsoft is not threatened by them. It's about the server market, and about Microsoft's continuing inability to maintain more than a 30% market share.

      --
      Palm trees and 8
    2. Re:WHY!? by muellerr1 · · Score: 4, Insightful

      I think what they mean to do is sell the indemnification directly to Red Hat users. Maybe the RIAA should think about doing that, too. That wuld just make it easier to know who to sue--anyone whose indemnification 'subscription' expired.

      Though the government used to call behavior like that 'racketeering' and 'extortion'.

    3. Re:WHY!? by Rhett's+Dad · · Score: 2, Insightful

      As has been said in many posts in many venues since the Novell announcement, the fact that these companies felt the need to declare that such indemnification is necessary for the protection of Linux-using companies, so then Microsoft will feel the need to extend such indemnification to Linux customers of companies that don't sign agreements with it. It is by declaring such a blanket indemnification that they imply to the world that such indemnification is needed, and that without it the Linux-using companies are in violation of Intellectual Prostitution ^H^H^H^H^H Property protections.

      Their 2007 State of the Monopoly address will be titled "All Your Earth Are Belong to Our Patent, But Litigate We Not... Maybe"...

      --
      Let me introduce you to my very own DMCA-protected encryption key: BC 1B 64 4A 8D DE 49 E8 C3 7D CC EE 1A AD EE
    4. Re:WHY!? by molnarcs · · Score: 5, Insightful
      WHY!? Why on Earth would Microsoft feel the need to offer indemnification to someone's customers in the first place?

      Wrong question - because it is not what they are doing, actually. Let me translate Microsoft's offer: there are patent problems with linux. That's what Microsoft's offer means, no more, no less. A subtle, distressing and unfair FUD machine. Your question is understandable, because they offer doesn't make sense at all, unless you examine not what it says, but the message it conveys. That message is clear: linux might be encumbered with patents belonging to MS.

      It is such a pity that Novell has become a partner to this for perceived short term gains. No wonder that the free software community is up in arms (ranging from groklaw through Perens to the Samba team) - MS simply tries to single out commercial linux companies to support its own FUD propaganda. They offer these distributions a new tool to compete with: patents. So far, commercial linux distributions competed on two fronts: technical excellence and quality of support and services. Even Oracle. Novell, by accepting Microsoft's offer, introduced a new tool: patents. This is against the spirit - if not the letter - of the GPL, which tries to enforce a level playing field, and was successful until the Novell-MS deal it was successful. (That's the main gripe of the Samba team with Novell. Microsoft is fishing for others now.

    5. Re:WHY!? by ookaze · · Score: 5, Insightful

      Then, having given all the big enterprise Linux users a reason to switch over to those distros, Microsoft starts publishing software for those distros specifically, keeping it all closed of course

      Where is the problem exactly ?
      Especially since you can install these binaries in any Linux distros, just by creating a custom package. Just like some distros did for firefox binaries.
      This doesn't make the OS closed at all.

      Finally, after a few years, Linux has become a platform for proprietary products...and is no longer a threat to Microsoft

      Why is it not a threat anymore ? It runs lots of proprietary products and all the FOSS products, and yet, you magically believe that it would no longer be a threat ?
      It would be a far greater threat on the contrary : that's exactly what some company deny us now, and what people are asking for.

      By ensuring that only major Linux vendors are in on it, Microsoft helps sideline other FOSS projects, killing the culture of openness and freedom and limiting choice

      Which is BS. I fail to see how what you say ensure anything.
      Oracle was available on RH only, it didn't sideline any FOSS database project at all, Oracle even had to buy some afterwards !!
      It didn't kill culture of openness and freedom either. That's complete wishful thinking on your part, that goes contrary to factual evidence.

      Notice that no overtures have been made for non-commercial distros or distros that are popular among home users: Microsoft is not threatened by them. It's about the server market, and about Microsoft's continuing inability to maintain more than a 30% market share

      But MS has no valuable patent on the server side where it matters for Linux OS. So what you're saying seems like nonsense to me.

    6. Re:WHY!? by novus+ordo · · Score: 2, Insightful

      I think it's more of Microsoft looking for another player to embrace. In about 6 months it will be time for the last stage of this disease. But unlike you I don't believe that Linux will ever be a platform for proprietary products. The RTFM culture with proprietary make it easy software? HA!

      What Linux has and Microsoft is drooling over is developers, developers, devel... Who else would waste their time learning Linux? It's a case of the eagle hunting the fly. I actually think that Microsoft will pull a fast one and try to ride atop Linux like Apple rides OpenBSD. If you think about it, Microsoft has very little to offer Linux; the other way you can already see the dollar signs. Also fits very well with Microsoft's history of innovation. I guess they are just building their "IP bridge" Ballboy kept mentioning in the Novell press conference.

      --
      "You're everywhere. You're omnivorous."
    7. Re:WHY!? by BecomingLumberg · · Score: 1

      Gates to Stallman: im in ur linux stealin ur rightz

      --
      If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.-TJ
    8. Re:WHY!? by sam0vi · · Score: 0

      Plain simple: YOU are wrong. THAT is never happening

      --
      When my Karma level reaches 0 I feel in piece with the Universe
    9. Re:WHY!? by RMH101 · · Score: 1

      "But MS has no valuable patent on the server side where it matters for Linux OS. So what you're saying seems like nonsense to me."
      Surely the point is that they *would* have valuable patents on the server side? Like Active Directory for Novell Linux, or a mail server that pushes readily to Windows Mobile devices etc etc...

    10. Re:WHY!? by shashi · · Score: 2, Funny
      Plain simple: YOU are wrong. THAT is never happening

      Wow. Your skills at debate are astounding. Too bad there isn't a +1, Nuh uh! just for you.

    11. Re:WHY!? by random+coward · · Score: 1

      They don't have enough time to be successful integrating a Windows Linux before Linux becomes a major player in the desktop. If Vista had been what you suggest they would pull it off. All the evil DRM in vista, all the problems it will cause over the next 4 years which is the time frame they would need to make a Windows Linux and it will be too late. Instead of it being "ooh I can run office on linux and its easier to configure MS's Linux this is great" it will be a "so what I've been doing all this for years."

    12. Re:WHY!? by smittyoneeach · · Score: 2, Insightful
      Because Microsoft wants to turn Linux into a platform for its products
      Between multi-core CPU chips and virtualization, Windows is looking like a big loser in the enterprise. Why not shrink the server "farm" to a "garden", run Linux, and stick it to the man?
      Linx on the desktop and OpenOffice remain tomorrow's threat, but the fact that XP is Vista's chief competition is undeniable. And what about the costs of developing Vista? It would be interesting to see how much the profit margin has really shrunk for the OS.
      MS Office remains the cash cow for Redmond. Now that Mono is mature enough that Gnome desktop applications are cropping up, e.g. F-Spot(which hasn't really been touted for Windows, but should run readily, right?) look for Redmond to start pushing MS Office assemblies that "just happen to work real fine" on SuSE.
      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    13. Re:WHY!? by truthsearch · · Score: 1

      While your facts might be right, it doesn't matter. What matters to companies is customer perception. If Microsoft becomes part of the Linux market (presumably by selling commercial software on top of it) they will automatically become the dominant force in the eyes of customers. Many businesses will look to them first for solutions, rather than going the FOSS route. And even if they held no patents to anything in Linux, many customers would still be scared and want indemnification.

      It doesn't matter if Microsoft can't technically stifle openness and freedom. What matters if if companies think Microsoft is in control of the platform. That's what'll keep the money flowing to Microsoft.

    14. Re:WHY!? by pair-a-noyd · · Score: 1

      What color is the sunrise on your planet?

    15. Re:WHY!? by Lonewolf666 · · Score: 1
      I actually think that Microsoft will pull a fast one and try to ride atop Linux like Apple rides OpenBSD.

      If so, the GPL may give them some problems down the line. As others have pointed out, Section 7 of the GPL may even now prevent the distribution of a patent-encumbered Linux distribution.

      If Microsoft wants to use Open Source, they would be far better off to pull an Apple and grab some BSD as basis for their plans. With BSD, closing the source is perfectly legal. So I guess Microsoft are either trying spread FUD or they are simply miscalculating.
      --
      C - the footgun of programming languages
    16. Re:WHY!? by Anonymous Coward · · Score: 2, Insightful
      Why not just, y'know, not sue them without making some big announcement?

      They've been not suing people for years, Sparky. What rock have you been hiding under?

      Seriously, this is just another example of the way that MS can't win with the FOSS community. They have been making assurances for years that they would not use their patents in a punitive manner and that the patents are mainly for their own protection. And the FOSS community always complains that those assurances are not good enough because MS is an evil corporation whose word can't be trusted and so on.

      Now they are trying to offer the big Linux companies some kind of legally binding agreement to that effect - probably in response to those kinds of complaints - and what is your reaction? That MS is evil and can't be trusted and we shouldn't need a binding agreement because MS should just, you know, not sue people.

      Riiight. Because that has obviously worked out so well for them. I have an idea. Why don't you and all the FOSS zealots here just admit that nothing MS can ever do will be good enough. Then all of us reasonable people will know that we can safely ignore you.

      I'm not an MS fanboy by any means but I don't hate them. And I am really, really, really goddamned fed up with this attitude that MS is always to be criticized no matter what they do. It represents a rigid close-mindedness that I feel is no different than those who always say that FOSS is not ready for the mainstream because it still doesn't implement feature X, regardless of the impressive progress made over the years at implementing A-W.

      I say grow up and learn how to take a balanced view toward MS. Criticize them only when they deserve it, which they certainly often do, and not just because you need to get your daily dose of MS hate.

    17. Re:WHY!? by db32 · · Score: 1

      Explain something to me please. Why do you believe that proprietary software will only work on the major distros just because MS only deals with them? With linux you have pretty much total control of your operating system. So what if the proprietary software looks for things in a particular place, you can move them there, or symlink them and the software chugs right along. You can manipulate the OS more than enough to run anything you want so long as it runs in linux. The distro XYZ kernel is still a linux kernel and if the software runs in linux, odds are you will be able to make it work under any distro you choose. In fact, I imagine it would be terribly trivial for the other distros to write package wrappers to do the install for you. There are more than enough tools to install RPMs in non RPM distos, and many distros use package wrappers to install binary proprietary things. The only exception I see is if the linux distros find a way to 'sign' their kernel with the trusted computing nonsense so that it will allow proprietary vendors to verify that it was a distro XYZ kernel. Which would destroy your ability to customize your kernel, and would likely not hold up well in the licensing of the kernel.

      --
      The only change I can believe in is what I find in my couch cushions.
    18. Re:WHY!? by ewhac · · Score: 4, Insightful
      Where is the problem exactly ?
      Especially since you can install these binaries in any Linux distros, just by creating a custom package. Just like some distros did for firefox binaries. This doesn't make the OS closed at all.

      Try installing ClearCase on anything other than RedHat or SUSE. Things may have improved in the last few months, but SUSE only received official support just over a year ago. Prior to that, it was RedHat only. If you were/are a Debian user, you were essentially SOL.

      Linux distros can, in fact, be marginalized by precisely the kind of half-baked support Microsoft plans.

      Schwab

    19. Re:WHY!? by Knuckles · · Score: 1

      Apple rides OpenBSD

      What are you talking about?

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    20. Re:WHY!? by Stalyn · · Score: 1

      Let me translate Microsoft's offer: there are patent problems with linux.

      There are no patent problems with Linux. Some have suggested that it's the opposite; Novell threatened Microsoft with IP and Microsoft in return paid Novell $108M in their so called "patent deal". What Microsoft has been spewing is pure FUD and Red Hat knows it. But since the Microsoft FUD has been so effective, Red Hat must come out with it's own. Don't be fooled, Red Hat, Novell, etc are all corporations with shareholders and they will do whatever it takes to turn a profit. This is pure propaganda on both sides to gain mind share from the sheepish consumers.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    21. Re:WHY!? by ray-auch · · Score: 1

      It's more than that. Look at the other parts of the deal - total is $300M+.

      MS bought a lot of "coupons" for Suse. Good sell to shareholders (only $100M for patents and we get $40M back from them) - just leave out the "we bought some paper for $240M and we paid $300M+ up front and we'll only get the $40M back as a % of Novell sales when they happen".

      It's a payoff for Novell (for Novell's IP in MS products) - exactly like the one for Sun a couple of years ago.

    22. Re:WHY!? by molnarcs · · Score: 1
      There are no patent problems with Linux.

      Actually, you can bet that there is ... any software with some complexity will have patent problems. That's why software patents suck. But you are right, this is plain posturing and FUD.

      What Microsoft has been spewing is pure FUD and Red Hat knows it.

      True, but not because there can't be any parts of RH (I'm referring to the entire distro) covered by MS patents... It is FUD because MS won't actually sue anyone in the near future - or it is very unlikely. What they'll do will be what I stated: they will hint at potential IP problems with linux. Now I realize that both RH and Novell are corporations, but they are different in one respect: RH got where it is now by providing a good distribution with excellent support (in fact, customer satisfaction with RH is one of the highest in the market). Novell, tries to get where RH is by introducing a new tool: patents. The free software community doesn't like patents. And now, they don't like Novell either.

    23. Re:WHY!? by novus+ordo · · Score: 1
      --
      "You're everywhere. You're omnivorous."
    24. Re:WHY!? by Knuckles · · Score: 1

      So, what's that got to do with OpenBSD?

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    25. Re:WHY!? by aardvarkjoe · · Score: 1

      I must have missed the day that all software stopped working on Debian because you couldn't get official ClearCase support on it.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    26. Re:WHY!? by budgenator · · Score: 1

      I actually think that Microsoft will pull a fast one and try to ride atop Linux like Apple rides OpenBSD.
      I don't think that's it, M$ knows about BSD, they've had BSD code in windows, probably still have a line or two in there somewhere. What they are really trying to do is split Linux into factions. Does Novel/SuSE stick with GPLv2 to keep M$ happy and alienate the GNU crowd who switches to GPLv3? If they do, they don't get the updates that is going to be GPLv3ed, they are now frozen and going it alone except for the kernel if that stays version 2. I expect that the Miguel and the monkey-boys are thinking about a mass defection now that their employer is in cahoots with the MicroSatan, they always were a militant bunch. If that happens Novel might have trouble going it alone anyways.

      Even if the above doesn't happen what does MS get, well they'll probably get to say you don't have to switch to GNU/Linux to get your favorite tool stack like PHP and Apache for web, anything mono can do .NET can do and more ect, so you might as well have windose and a stickey-GUI admin interface too

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    27. Re:WHY!? by novus+ordo · · Score: 1
      As others have pointed out, Section 7 of the GPL may even now prevent the distribution of a patent-encumbered Linux distribution.
      It may forbid it, but that doesn't mean it hasn't already happened, or won't happen. Remember, they gave a 'promise' not to sue the users. It's a clever way of cross-licensing just to comply with the GPL. They can very easily sue the Red Hat etc. which would just leave Novell.
      --
      "You're everywhere. You're omnivorous."
    28. Re:WHY!? by ewhac · · Score: 4, Informative
      I'll use small words.

      ClearCase is proprietary; source code is not available. That means any quirks in ClearCase that depend on a particular distribution can't be fixed at the source level, and you have to rely on the vendor for support. This support is often perfunctory at best, and most commonly non-existent.

      The most obvious quirk is the location of various config and library files. Sometimes, even the app's installation directory is different (/opt versus /usr/local versus administrator-established).

      A less-obvious quirk is kernel dependencies. ClearCase ships with a kernel filesystem module (no source code). Again, things may have improved in recent months, but it used to be all you got was a binary module which was compiled against a specific kernel -- namely, a "standard" RedHat kernel with RedHat-specific mods. If you had recompiled the RedHat kernel, or you weren't running a RedHat kernel at all, then you were SOL, and couldn't use the kernel module (which, in the instance of ClearCase, is fairly crippling to its use).

      This is exactly the kind of nonsense Microsoft thrives on.

      Schwab

    29. Re:WHY!? by Bent+Mind · · Score: 1

      One example that might fit the OP's logic is the nVidia driver. For years, the nVidia driver was 'Good Enough' for most Linux users. However, it is proprietary, closed-source software. It's taken years for any real interest to show in developing a 3D capable open-source nVidia driver. (I can't remember the name of the project, but it's showing progress).

      I've seen some responses that ask how Microsoft will ensure their proprietary software will only work with their distributions. I'd say through FUD and legal actions. It's not really about the home hobbyist that installs libdvdcss. It's about the US (or other pro patent/copy protection country) based OEM who legally can't ship computers with libdvdcss preinstalled. It's also about the businesses that can't afford to be running 'illegal' software.

      All that said, I don't think this is Microsoft's strategy. Rather, they tried in the past to define Linux as Red Hat for the purpose of lawsuits. This failed because open source doesn't fit traditional business models. Linux isn't owned by any one company, or group of companies. Now I think they want to create 'legal' Linux distributions. Then they can point to anyone not 'legal' and sue. They are hoping to get rid of the cloud and leave the field with well defined targets.

      It's all speculation. But I don't believe anything good can come of this union.

      --
      Request a Linux Shockwave player here: http://www.macromedia.com/support/email/wishform/
    30. Re:WHY!? by Tanktalus · · Score: 0, Offtopic

      Interesting ...

      I'll use small words.

      Not more than three words later ...

      proprietary

      <shrug>

      (Yes, yes, you provided the smallish-word definition, but I thought you'd last longer than three words without resorting to oversized words where diminutive words would have sufficed. ;->)

    31. Re:WHY!? by Pharmboy · · Score: 2, Interesting

      I have been saying for some time now, IMHO, Microsoft is preparing for the day when the operating system is purely commodity, and the real money is in the apps, which need to change more than the os does, since they run on TOP. That day isn't too far away, and Linux is proving it.

      MS is hedging their bets, simple as that. If Linux DOES gain a foothold on the desktop soon, MS apps will run on it. If Linux ever became the most popular OS for servers, then workstations, then home system, then MS apps will run on it and you won't be able to blame Bill Gates for bad security any more.

      I believe MS is first and foremost concerned about profits, not ideology. If more and more computers shipped with SuSE, MS Office, plus other MS apps, they could live with it and still be profitable. They hope it doesn't happen that way, but they are preparing just in case, which is what their stockholders would expect.

      I would imagine a very small voice in Bill Gates head would love to not have to deal with the security issues that come up when you are the OS maker. All the blame, "fucking hackers", and anti-fanboys. But then he would look at his bank statement and think "oh yea, THATS why we put up with all that shit".

      --
      Tequila: It's not just for breakfast anymore!
    32. Re:WHY!? by ashmon · · Score: 1

      But since when does not being able to run ClearCase stop you from running Linux? I'm sure there will be people whe want to run MS Office for Linux, but most Linux users are happy with Open Office. And if MS does release a version of Office for a specific Distro, there will be a lot of people working on porting it to their distro. MS releasing its products on Linux is not a bad thing.

    33. Re:WHY!? by aardvarkjoe · · Score: 1

      So I can't use ClearCase on Debian. BFD. That has no effect on open source software.

      And now, the fact that I won't be able to use MS Office on Debian in five years is somehow supposed to kill open source software on Linux, even though it's chugging along just fine without Word today.

      Right.
      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    34. Re:WHY!? by betterunixthanunix · · Score: 1

      When you are told that you need to upgrade a server cluster, and there are time constraints (such as the servers being in use), you really can't sit there hacking away until everything works. That is how Redhat makes its money -- it sells support, so that businesses don't sit there tinkering like Fedora or Debian users, which actually saves money in the long run. Yes, with enough time you can force one distro to run software compiled for another distro, or even create a "universal" system that will run any binary...but time costs businesses money. And yes, other distros could create those wrappers...but they cannot give you the software (GPL terms), nor can they provide support for it. Like I said, it's about servers and enterprises, not home users.

      --
      Palm trees and 8
    35. Re:WHY!? by Anonymous Coward · · Score: 0
      I expect that the Miguel and the monkey-boys are thinking about a mass defection now that their employer is in cahoots with the MicroSatan, they always were a militant bunch.

      Huh?? What on earth are you smoking? Miguel de Icaza supports this deal. He's been pushing for this kind of "collaboration" for years. Not a big surprise, since he's been a Microsoft fanboy for a long time, which is why he applied to work there several years ago (and he has tried to downplay it ever since).
    36. Re:WHY!? by db32 · · Score: 1

      Right but it basically makes it impossible to shut out the other distros anyways. Realistically not many businesses use the other distros unless they hire the geekpower to manage them anyways. That was my only point, that they can't only have the major distros "in on it". If they set it up so that you can run MS SQL on linux, then by the end of the month someone will have installed MS SQL on a linux powered toaster. Just the nature of linux.

      --
      The only change I can believe in is what I find in my couch cushions.
    37. Re:WHY!? by Anonymous Coward · · Score: 0
      Wikipedia tells all.
      Eventually, NeXT's OS -- called OPENSTEP at the time -- was selected to form the basis for Apple's next OS, and Apple purchased NeXT outright.[2] Jobs was re-hired, and later returned to the leadership of the company, shepherding the transformation of the programmer-friendly OPENSTEP into a system that would be welcomed by Apple's primary market of home users and creative professionals, as a project known as Rhapsody. Rhapsody later evolved into Mac OS X.
      Of coarse, NEXTSTEP was BSD derived, but that had nothing to do with the OpenBSD project (which didn't even exist at the time).
    38. Re:WHY!? by Lonewolf666 · · Score: 1

      If that happens, some copyright holder could sue Novell because they distribute Linux without being able to give their customers a sublicensable license.
      Worst case, Novell is just as blocked from distributing Linux as anyone else (assuming the patents are valid). So I guess the 'promise' not to sue is not very meaningful and Novell may have made a big mistake with this agreement.

      --
      C - the footgun of programming languages
    39. Re:WHY!? by Anonymous Coward · · Score: 0

      Meanwhile, Eben Moglen, the FSF general counsel, promises that GPLv3 will explicitly outlaw deals like this. (Of course everyone's on v2, so calling the Novell deal "DOA" would be premature.)

      Herein lies a plausible answer...

    40. Re:WHY!? by Anonymous Coward · · Score: 0

      Sounds like you've got the right idea.

    41. Re:WHY!? by Eivind · · Score: 1
      Not really. For some large companies with stupid CEOs, sure. For Joe Average, once he hears a rumour that you can get exactly the same product perfectly legally for free, there's no way in hell he's paying much.

      MS is dominant. But not even close to dominant enough that people wouldn't generally hear that rumour pretty soon.

      Worse yet, Dell and other PC-manufacturers are even *less* likely to buy "MS-Linux" after they realize they can give their customers exactly the same product and be cheaper by downloading Linux themselves.

    42. Re:WHY!? by linuxfanatic1024 · · Score: 1

      I'm not a developer, nor are any of my friends, yet I use Linux ONLY and have managed to get three of my friends to do so. And I must say that administering a Linux system and programming on one are two completely different skills.

      --
      Microsoft-free since March 28, 2004
    43. Re:WHY!? by novus+ordo · · Score: 1

      Its kinda hard to do one without the other though. Piping and scripting is a type of programming. The whole Linux philosophy is a programmer's paradigm. Compare this to Windows where you have to be a 'professional'

      --
      "You're everywhere. You're omnivorous."
  3. You WILL become one ........with the Borg. by LibertineR · · Score: 3, Interesting
    As Novell becomes THE Linux for companies with a Linux-Windows infrastructure, Red Hat will look back on this day as when they lost warp field containment and got stuck in Redmond tractor beam in search of revenue.

    Bet me.

    1. Re:You WILL become one ........with the Borg. by div_2n · · Score: 4, Insightful

      I'll bet you a cookie. Do you really think Microsoft reps are going to promote another company's products let alone a Linux product? Think again.

      I'll throw you a cross bet--this is just one more link in the FUD chain for Microsoft to suggest Linux has "intellectual property" problems and, more specifically, it has patent issues.

      Microsoft shops that want to deploy Linux must have something very specific in mind. I'd wager they'll use whatever they think is best. It may very well be Suse, but that will probably be for reasons that have nothing to do with Novell and Microsoft forging some sort of strange and obscure patent deal.

    2. Re:You WILL become one ........with the Borg. by Richard+W.M.+Jones · · Score: 2, Insightful

      As Novell becomes THE Linux for companies with a Linux-Windows infrastructure, Red Hat will look back on this day as when they lost warp field containment and got stuck in Redmond tractor beam in search of revenue.

      I think you swapped "Novell" and "Red Hat" in that sentence.

      Rich.

    3. Re:You WILL become one ........with the Borg. by LibertineR · · Score: 1

      No, I am saying that Microsoft is giving vendors a choice now to either assimilate or they will whip out their cutting beam and start fucking up your ship. Too many fail to realize the sheer power of money on the thinking of executives. Red Hat will be re-thinking this decision.

    4. Re:You WILL become one ........with the Borg. by ajs · · Score: 1

      No one that I've run into is seriously looking at Novell software. This is, after all... NOVELL. All they have going for them right now is that they bought two small companies that were very good at what they did, but you have to wonder how many of those people are left, and how long into the Microsoft dance of "good night Wesley, most likely kill you in the morning," they will put up with before seeking a company that suits their temperment (like Red Hat).

      Keep in mind that those of us who have followed Red Hat with some hope (and even some investment dollars) over the years have specifically been waiting for this moment. We believed that one day, Red Hat would go toe-to-toe with the "big boys". If Oracle and Microsoft don't count, then I don't know what does, and I'm hopeful that through the combined strength of open source software and solid business wit, Red Hat will have a good chance of standing their ground.

    5. Re:You WILL become one ........with the Borg. by Hijacked+Public · · Score: 1

      Your post makes me think of that Tiananmen Square photo.

      --
      "Sacrifice for the good of The State" - The State
    6. Re:You WILL become one ........with the Borg. by sankyuu · · Score: 1

      Paranoid, but I'd be more scared about Novell's future, with Microsoft's history of screwing the companies it works with--e.g IBM (OS/2), Spyglass, Adobe, PlaysForSure, etc.
      /tinfoil hat

    7. Re:You WILL become one ........with the Borg. by Ocular+Magic · · Score: 1
      Microsoft shops that want to deploy Linux must have something very specific in mind. I'd wager they'll use whatever they think is best. It may very well be Suse, but that will probably be for reasons that have nothing to do with Novell and Microsoft forging some sort of strange and obscure patent deal.


      That's what we did at the company I work for. The only reason we went with Suse was because it's the only distro out of Red Hat, Ubuntu, FreeBSD, Gentoo, Debian, and Suse that would just flat out install and run with a minimal amount of tweaking/looking for drivers on PC's that I tried to put it on. Those PC's were my wife's Dell laptop, my Grandmother-in-laws HP, my moms laptop, and my custom built PC. Red Hat wouldn't install at all on the HP, it just stopped during the install and gave me an error saying it can't install. Ubuntu on my wife's laptop had issues with the touchpad sensitivity. I'm guessing it was a driver problem but I couldn't find a good solution online. There were various other problems with the other distros and for me, Suse allowed me to put it on whatever I wanted and was generally configured to my liking right off the disc. So, when it came time to upgrade our servers here at work, I picked Suse because I had good experiences with it. It had some descent backing (Novell) to go along with it, which I saw as a plus.

      So now, they made a deal with Microsoft which may be good or bad, I just don't know yet. But, I don't really care that much. If it goes bad, I can just copy all of the config files for Samba, Users, Groups, etc. and move them all over to another distro with a minimum amount of fuss. Sure, it might be a bit of a pain, but that's one of the beauties of Linux. Nothing is really locked down to that distro, so if I need to change, then I can, and it won't cost me anything! Of course, I'll have to research which distro is the best for my situation again, but I can deal with that.
    8. Re:You WILL become one ........with the Borg. by molnarcs · · Score: 1
      As Novell becomes THE Linux for companies with a Linux-Windows infrastructure, Red Hat will look back on this day as when they lost warp field containment and got stuck in Redmond tractor beam in search of revenue. Bet me.

      If what Ebem Moglen promises is true, and GPL v3 will prevent such deals, than in a few years, Novell will be stuck with the latest glibc/gcc/etc. released under v2. I wouldn't put any bets on Novell surpassing RH in the next few years... in fact, I wouldn't bet on it's survival either. They hoped for a short term advantage by employing patents as a competitive tool, and all they got was animosity from the community at large, and legal poopoo once software owned by FSF gets released under GPL v3. Meanwhile, SUN gpl-ed JAVA, is friendly to GPL v3 - in fact, it is participating in its creation -, and RH is the proud owner of Jboss, offers indemnification to its clients from any patent litigation, has a customer satisfaction unparalleled in the open source world (well, maybe except Trolltech's), and owns ~80 of the market. Still wanna bet?

    9. Re:You WILL become one ........with the Borg. by ImaLamer · · Score: 1

      Do you really think Microsoft reps are going to promote another company's products let alone a Linux product?

      Sure. But then again, you've got o know sales and your customers. When a salesmen knows that Linux (just the idea/word) turns his customers on then he likes the idea that he can always fall back on that. It's about increasing sales and revenue, not power.

    10. Re:You WILL become one ........with the Borg. by Morphine007 · · Score: 2, Funny

      and owns ~80 of the market.

      A WHOLE 80 SERVERS!? ... shit man... that's like 95% of the market ;-)

      /ducks

    11. Re:You WILL become one ........with the Borg. by div_2n · · Score: 1

      There is a difference between "promote" and "recommend" in sales. Promote is actively suggesting one product whereas recommend is usually a response to a customer's request. Microsoft employs reps that work on site of some of their largest customers (such as government entities). These people are there to assist in solution design and purchasing so that those entities get the "right" products.

      If, as you seem to think, these reps discuss Suse Linux, you can bet that it will almost always be when the customer asks the rep about integrating Linux into the mix. If, instead, the customer ASKS what product would work best in situation A, what I'm suggesting is that I believe the rep will virtually ALWAYS suggest a Microsoft solution even if Linux would be the better fit.

    12. Re:You WILL become one ........with the Borg. by ray-auch · · Score: 1

      Not that the "SUN gpl-ed JAVA, is friendly to GPL v3 " neglects to mention that Sun is party to a mutual covenant-not-to-sue patent agreement with regards to Java, and it is with... ...Microsoft.

      Just like Novell. Oh. So what is the GPLv3 going to say ?

      "if you have a covenant-not-to-sue deal that is really a patent-licence that coevers this software, then it must be freely sublicenceable to all - if you are Novell or MS, if you are Sun you can ignore this bit"

      [that's before we get onto the other patents that Sun has had to pay to licence for Java - are those licences freely availabel for all as the GPL requires... or not ?]

    13. Re:You WILL become one ........with the Borg. by molnarcs · · Score: 2, Interesting
      You are recirculating the same argument you had yesterday. I have already answered your question, remember?

      http://slashdot.org/comments.pl?sid=206274&cid=168 23028

      In the case of SUN-MS, the deal covered software developed by SUN & MS. In the case of Novell-MS, the deal covers software developed be MS and distributed by Novell. But I guess you don't really want to have an answer to your question - you simply want to repeat the same statements over and over again, that SUN made the same deal like Novell with MS, even if that assumption is patently (excuse me) false.

    14. Re:You WILL become one ........with the Borg. by Anonymous Coward · · Score: 0

      As Novell becomes THE Linux for companies with a Linux-Windows infrastructure

      I'd be surprised if Novell was still around five years from now. When you sup with the devil, you should eat with a long spoon.

    15. Re:You WILL become one ........with the Borg. by ray-auch · · Score: 2, Insightful

      And I refuted your non-answers.

      Now you seem to be even more confused - "Novell is distributing software developed by MS" - huh ? This is about patents, not copyright. It matters not at all who developed the software - patent liability doesn't care. And what MS software is Novell shipping ???

      Note that I have never claimed that the deals are exactly the same - they clearly aren't - but what I am interested in is what is the difference that makes one deal ok by the GPL and the other an (alleged) violation.

      The GPL argument, as I understand it, is that any patent licence you have that covers GPL code has to be freely distributable (to everyone downstream) - or you cannot distribute the code. Liberty or death. Note that this is about licences you have to 3rd party patents - your patents are automatically licenced by distribution under GPL, so how many patents Novel & Sun have is not relevant - it's the ones they licence from elsewhere (MS) that are important for the liberty-or-death clause.

      Agreed or not ?

      Now the deals:

      Both deals involve paying royalties to MS in respect of MS patents in return for some sort of covenant-not-to-sue (which is frequently argued to be identical to a patent licence).

      In both cases, the licenced MS patents may or may not cover the GPL code and may or may not be valid etc. etc. - but we don't know. Although, in fact Novell says that there are no patent issues with the code they ship, which may cover them wrt. GPL. Ballmer says the MS patents do cover Linux, but then he's been saying that for years and he's full of it - why should we believe him ? Sun, on the other hand, hasn't said that Java is clean - probably because they'd be lying if they did, as Java is known to violate third party patents.

      But, leaving the above aside because we don't know which patents / code (if any) is at issue in either case (so, no difference there), the argument frequently made against Novell is that the covenant/licence itself is the issue, because why would they need it, why would they pay royalties (back) to MS, if there was no violation ? Now, I'm not entirely convinced by that argument, but assuming it applies, then it also applies to Sun, since they are paying MS for a patent licence/covenant too.

      So, at this point we conclude that either by the GPL liberty-or-death argument, the patent covenant/licences must be freely distributable downstream to meet the GPL. [Novell-MS's is not, Sun's might be, I don't have a copy of it to tell].

      Or they don't have to be distributable because in some way they don't cover the GPL code.

      Either way it must be the same for both cases, since the evidence of a patent licence exisitng and covering GPL code is the same in each case (Novell & MS statements on applicability appear to disagree, so discount both, Sun has no statement).

      [I'm assuming here that we see through Novell-MS's wierd "party pays the royalties, party's customers get the licence" scheme as being really just a traditional cross licence like the GPL was designed to account for].

      And finally, you still haven't responded on the issue of the other non-MS patents that Sun licences for Java - are those patent licences GPL-compatible (ie. freely redistributable to everyone) or not ?

    16. Re:You WILL become one ........with the Borg. by molnarcs · · Score: 1
      Now you seem to be even more confused - "Novell is distributing software developed by MS" - huh ?

      Where did I say that? You put that in quotation marks as if it were a word by word citation, but I never said "Novell is distributing software developed by MS." OTOH, what I said might have been confusing: "In the case of SUN-MS, the deal covered software developed by SUN & MS. In the case of Novell-MS, the deal covers software developed be MS and distributed by Novell." What I meant here is that MS develops the software it distributes, while Novell merele distributes the work of others (with a few exceptions). That's what made the Samba team pissed in the first place. This is a major difference b/w the SUN-MS, and Novell-MS deal: while in the former, both companies were the developers of the software, in the latter, one company is the developer, the other is merely a distributor (NOT OF MS software, sorry for the confusion).

      Sun, on the other hand, hasn't said that Java is clean - probably because they'd be lying if they did, as Java is known to violate third party patents.

      Are you saying that someone is having patent claims over java - and the issue is still unresolved?

      Now the deals:

      I simply don't understand what you are rambling about here. Sorry. I'm ready to admit that this is entirely my fault, but I just can't see what is your point. Previously, it was that SUN made a similar deal with MS as Novell. I pointed out the differences numerous times. Is that still your point here? I can understand this question:

      And finally, you still haven't responded on the issue of the other non-MS patents that Sun licences for Java - are those patent licences GPL-compatible (ie. freely redistributable to everyone) or not ?

      What other non-MS patents are you referring to? Do you have specific examples? Sun has hundreds of patents covering java - are you implying that they must license patents from 3rd parties as well? Patents that are owned by SUN that cover java now are freely redistributable - that's what GPL-ing java meant.

    17. Re:You WILL become one ........with the Borg. by ray-auch · · Score: 1

      Where did I say that? You put that in quotation marks as if it were a word by word citation

      It was - but I see now how I haven't parsed the clauses in the way you intended.

      However my point still stands - for patent licences it is irrelevant who developed or holds the copyright on the software. Even "use" of the software may infringe let alone distribution.

      What other non-MS patents are you referring to? Do you have specific examples

      Kodak (proven in court). Eolas (alleged). Unisys (gif/compression, some have now expired but "Unisys Corporation holds and has patents pending on a number of improvements on the inventions claimed in the above-expired patents."). Forgent (Jpeg - may be declared invalid now?). Hibernate is also under patent threat - not sure if that is in Suns Java dist. yet, but it is so widely used that surely it will get added now (and is (L)GPL).

      Sun is under at least one patent licence agreement with Kodak, that settled that case - but we don't know the terms, are they GPL compatible or not, maybe they only cover Sun and anyone Sun ships to ?

  4. Easy to do. by khasim · · Score: 2, Insightful
    Hilf, who has been touring Europe since the announcement, admitted that there's been a lot of negativity about the deal in the open-source community. "Our intention with this deal was not to create a problem, but rather to solve one," he said.

    As such, Hilf is trying to be more clear about the company's true intentions and trying to translate all the legalese around the deal into something that a layman can understand.

    That's easy to do.

    Simply explain to them why Ford would pay hundreds of millions of dollars to Chevrolet for an agreement not to sue Mom (who drives a Chevy) for violating Ford's patents.

    There, that shouldn't be so difficult, right?
    1. Re:Easy to do. by XMyth · · Score: 1

      Why WOULD Ford pay Chevy not to sue someone for violating Ford's patents? Isn't it Ford that would be doing the suing?

    2. Re:Easy to do. by a.d.trick · · Score: 1

      From Hilf:

      "Our intention with this deal was not to create a problem, but rather to solve one,"

      You see their intention actually was to create a problem. They were slightly sneeky about it though. You see the created a solution, for a problem that didn't exsist (patent infringment in Linux). Now people think if there's a solution, it must have solved something (ergo Linux must have patent infringment issues).

  5. Stand Tall and Wave Your Red Fedora! by Rhett's+Dad · · Score: 5, Insightful

    Good for them! I admit I've been one of the complacent ones over the last several years, feeling like Red Hat was the Linux business big dog, and that I was a hipper hacker for spreading my use/support around to other distros. No more...

    The big company I left this year was one of those whose IT bureacracy monsters that would not sanction open source, so informed and competent programmers had to use it in the dark. My new company is a Red Hat user, and I'm more proud of that today than I was yesterday. Shame on me for yesterday...

    I'd like to teach the world to sing "Red Hat Is The Way"...

    --
    Let me introduce you to my very own DMCA-protected encryption key: BC 1B 64 4A 8D DE 49 E8 C3 7D CC EE 1A AD EE
    1. Re:Stand Tall and Wave Your Red Fedora! by UnixSphere · · Score: 1

      Red Hat may be the way but we are stuck with Fedora, plus I don't like being a guinea pig so Red Hat can profit off users contributions in bugs and otherwise and implement them in RHEL as 'stable'. If people are happy with a watered down version of a good product, that's fine with me, but I want the best. In Red Hat's case and what they have to offer is RHEL, not Fedora.

    2. Re:Stand Tall and Wave Your Red Fedora! by Rhett's+Dad · · Score: 1

      That's why I called it a "red" fedora, rather than a black one. The Fedora Core distributions use a black fedora as their logo, as opposed to the red fedora used by Red Hat Enterprise.

      I personally wear a black fedora, so I probably assumed the difference in my terms was easier for others to realize than it actually is... my bad.

      --
      Let me introduce you to my very own DMCA-protected encryption key: BC 1B 64 4A 8D DE 49 E8 C3 7D CC EE 1A AD EE
    3. Re:Stand Tall and Wave Your Red Fedora! by businessnerd · · Score: 1

      If you want the stability of RHEL with the free-as-in-beerness of Fedora, then you should probably try CentOS. From what I understand about this OS is that it's RHEL without proprietary artwork and you don't get the Red Hat support, which is what you are actually paying for in RHEL, which makes CentOS free as in beer.

      --
      "It's not whether you win or lose, it's how drunk you get." -- H. J. Simpson
    4. Re:Stand Tall and Wave Your Red Fedora! by pembo13 · · Score: 1

      Download CentOS....for free.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    5. Re:Stand Tall and Wave Your Red Fedora! by Rhett's+Dad · · Score: 1

      You're missing the point... support your team by voting with your dollars.

      If you're going to run a free OS with no support, and therefore have nothing more to lose than your own time trying to manage disasters when they occur, then you're not voting with your dollars at all anyway... you're not spending any.

      If, however, your company is voting with its dollars, then (review headline here)...

      --
      Let me introduce you to my very own DMCA-protected encryption key: BC 1B 64 4A 8D DE 49 E8 C3 7D CC EE 1A AD EE
  6. This sounds like SCO all over again by nottestuser · · Score: 1

    "My, that's an awfully nice operating system you have there. It'd be a shame for anything bad to happen to it."

    1. Re:This sounds like SCO all over again by jimstapleton · · Score: 1

      Are you hinting at the existence of the not-so-elusive bigfoot-like creature, MicroSCOft?

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
  7. So Essentially ... by eldavojohn · · Score: 4, Informative

    Let me get this straight, essentially Microsoft has successfully divided the Linux community in twain by making some sort of psuedo-deal with Novell. The details of which are pretty shady and the specifics are hard to find. Both companies are using generic speak to describe the deal they've sealed. Except that it's not sealed yet as there's still some tweaking yet to be done. And now people are spreading all kinds of rumors and the SAMBA group is upset at Novell and suddenly it's like I'm back in high school again and Microsoft asked Novell to go to the senior prom--but we all know he only did that because Novell will put out in the back seat of Microsoft's dad's Cadillac. Everyone else is pissed.

    The "alternative to Microsoft" community is divided and all Microsoft had to do was dump $500 million on Novell & play some mind games with them about possible suits if they didn't take this deal. Masterfully done, Microsoft. Once again, your business strategy is state of the art while your technology doesn't really have to be.

    --
    My work here is dung.
    1. Re:So Essentially ... by Richard+W.M.+Jones · · Score: 4, Interesting

      Yes, it's particularly brilliant how MS have done this FUD without even specifying any supposedly "infringed" patents. They've made sweeping statements about "owning" this that and the other (eg. "owning" ".Net") which it simply isn't possible to do, and everyone is repeating their FUD. Well done Microsoft.

      Rich.

    2. Re:So Essentially ... by heroofhyr · · Score: 2, Interesting

      Is there some way anyone could see what patents they've allegedly got that are being infringed? I know Dan Ravicher supposedly compiled some list which includes 20+ patents owned by Microsoft, and that because of the "engineer no looky at law breaking listy" rule in US patent legislation it isn't widely available, but is it actually available at all or do we just have to take his word for it that it exists and is accurate? If it's the latter, that seems an awful lot like those ethereal Communist lists compiled by Joseph McCarthy. Can't I just click through some MS-style EULA and promise not to use any of the information myself? It can't be a coincidence that the guy who made this list nobody is allowed to see just happens to own a company that provides "insurance" to programmers against patent infringements, can it?

      --
      brandelf: invalid ELF type 'KEEBLER'
    3. Re:So Essentially ... by ookaze · · Score: 1

      Let me get this straight, essentially Microsoft has successfully divided the Linux community in twain by making some sort of psuedo-deal with Novell

      Actually, they haven't divided anything. Unless you believe Novell is even part of the "Linux community", or that their part is significant, or that big corporate buyers are part of the Linux community. None of this is true though.
      This split is wishful thinking from FUDders.

      The "alternative to Microsoft" community is divided

      Again it's not. It's no more divided than before the deal.
      You think it's divided, because you think Linux-MS shops are part of the "Linux community". I doubt most of them contribute a lot to FOSS though.
      I don't see anyone divided, what I see is lots of people that fear for Novell : they're basically toast once GPLv3 is out.
      Or you actually believe they will succeed in maintaining a fork of the GNU toolchain and libraries ?

    4. Re:So Essentially ... by Anonymous Coward · · Score: 0

      I have to think the people at Microsoft who made this deal have to be shaking their heads in disgust at just how easy it was. There just isn't any satisfaction or honor in defeating someone in battle if the just roll over and die without effort.

      After countless numbers of people have explained in detail just how bad this move was for Linux point by point, there are still huge numbers of Linux users out there that are still treating Novell and mono talk as some tinfoil hat subject.

      The fact that a rabid Microsoft fanboy was able to hijack Linux application development with a Microsoft patent time bomb like mono should scare the fuck out of anyone who cares about the future of Linux.

    5. Re:So Essentially ... by houghi · · Score: 1

      What the best part is, is that they actualy did not do anything. They just posted it and let all anti-microsoft people do all the work.

      Well done Anti-M$ people.

      Oh, some nice link that nobody will believe: http://www.novell.com/ctoblog/

      --
      Don't fight for your country, if your country does not fight for you.
    6. Re:So Essentially ... by novus+ordo · · Score: 1

      You fail to see the deal. They are essentially cross-licensing with Novell. Which means they are using Novell as a proxy to acquire Linux IP. This shouldn't be possible with the GPL, but they've done it. I doubt they would just throw half a billion dollars down a rabbit hole to scare a few "hobbists." They are pursuing a longer-term strategy.

      --
      "You're everywhere. You're omnivorous."
    7. Re:So Essentially ... by Richard+W.M.+Jones · · Score: 1

      You fail to see the deal. They are essentially cross-licensing with Novell. Which means they are using Novell as a proxy to acquire Linux IP. This shouldn't be possible with the GPL, but they've done it.

      You fail to make sense. Microsoft is going to acquire "Linux IP", is it? By the fuzzy term "Linux IP" I assume you mean that Microsoft will acquire copyrights on sections of the Linux kernel, gcc, libc, etc. That's quite an achievement. Pray explain for us how they will do that.

      Rich.

    8. Re:So Essentially ... by Morphine007 · · Score: 1

      Is there some way anyone could see what patents they've allegedly got that are being infringed?

      erm... that's complicated:

      a - probably not, since there probably aren't any,

      b - if, in fact, there are some, I don't think they've gotten around to figuring out which ones they are yet.

      Another poster hit the nail on the head, this is a masterstroke of FUD which only cost microsoft $500mil. The masterstroke is that it is having better FUD-like effects than any previous MS-FUD that I can remember, but it's targeted at a movement which encompasses the company they paid the $500mil to, so it's that much harder to recognize it as FUD.... since they're trying, basically, to throw the battle in order to win the war... Kinda like a delaying battle designed to suck your opponent into a KZ... sure you're getting attritted a little bit, but you've caused them to break ranks and the bulk of them are coming into range...

    9. Re:So Essentially ... by Morphine007 · · Score: 1

      I don't see anyone divided, what I see is lots of people that fear for Novell : they're basically toast once GPLv3 is out.

      And what a lovely piece of FUD that will make when Novell (who by that time likely will have MS IP in their OS) has to either rollback their OS a couple years (which will likely kill it) or simply folds up their OS shop... I can see the MS sponsored FUD now: "Linux and FOSS in general is such a broken way of doing things that even access to MS money can't make it profitable and successful... just look at Novell"

    10. Re:So Essentially ... by novus+ordo · · Score: 1
      IP != Copyright. Still, it's only semantics separating copyright and IP, or software patents, since if somebody has patented the method your using in your software, your copyright on that software is invalid. Microsoft has acquired a troll-mine so now they can start trolling for 'violations.' Kinda like SCO but this time they really got something. Ballmer calls it an "IP bridge" in their joint press conference:
      So I don't want to make that unclear, but we also said, look, we care enough about this issue and we care enough about the fact that our patents have value, and we need to build this IT bridge, we'll actually go help you sell some of these subscriptions, because we're going to make clear to the market that interoperability is a good thing, and we're going to make clear that IP, the patent bridge, the IP bridge is an important thing.
      Remember that Unix patent SCO was unable to assert? Well Novell has it. Along with a bunch of others. Coincidence? Sure. But they can still cause damage behind Novell's backs. They can leverage those patents and others they have against other Linux vendors. So basically Novell leased their patent portfolio to Microsoft to use as a bat against other vendors for 5 years. Seem familiar?
      --
      "You're everywhere. You're omnivorous."
    11. Re:So Essentially ... by Curunir_wolf · · Score: 1
      They are essentially cross-licensing with Novell. Which means they are using Novell as a proxy to acquire Linux IP.

      Um... no. It's not Linux IP they are after - it's Novell's. And believe it or not, even though Microsoft have tried for years, they still don't have the kind of large installation enterprise tools that Novell has. Namely eDirectory and Zenworks. And that's what they are planning to steal, along with whatever contributions Novell can make to virtualization technologies.

      Remember, Novell is not allowed to sue Microsoft either - so when MS comes out with "Microsoft Server 2009", which includes these really nice tools like Active_eDirectory and SMzenS (but surely better names), there will be nothing Novell can do about it. Now - why were you using those Novell tools again? Identity Managment like eDir? MS has it! Enterprise desktop management like Zenworks? MS has it!

      Novell better hope they can get by selling SLES alone, because they won't have anything else.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    12. Re:So Essentially ... by nuzak · · Score: 1

      Actually, they haven't divided anything. Unless you believe Novell is even part of the "Linux community"

      "The only people we hate more than the Romans are the fucking Judean People's Front."

      --
      Done with slashdot, done with nerds, getting a life.
  8. Microsoft tax, now also for Linux! by pugdk · · Score: 3, Insightful

    Eh? I don't get it. So Micro$oft want us to pay them for Winblows even if we don't use it, so we don't get sued? Sounds like Micro$oft wants people who use Linux in their business to obtain a Micro$oft license to do so.

    In other words, Micro$oft want us to pay a Micro$oft tax for using something that has nothing to do with them. I got two word for you Bill Gates: Piss off.

    1. Re:Microsoft tax, now also for Linux! by Mateo_LeFou · · Score: 1

      Well, if you use ideas or knowledge that they own, then you owe them money, don't you? PS: I don't think the government should pretend that people can own ideas or knowledge, but that's a side issue.

      --
      My turnips listen for the soft cry of your love
    2. Re:Microsoft tax, now also for Linux! by Anonymous Coward · · Score: 0

      oh you're so clever! Micro$oft?? Winblows! Wow...you're such a perfect slashdotter.

    3. Re:Microsoft tax, now also for Linux! by Anonymous Coward · · Score: 0

      I'm sure Bill Gates has two words for you too: proper spelling.

    4. Re:Microsoft tax, now also for Linux! by Anonymous Coward · · Score: 0

      I'm a member of a forum where you get banned for that dollar sign in Micro$oft and other similarly overused idiotic crap. And "lol" is censored.

      That alone raises the intelligence of discussions monumentally.

    5. Re:Microsoft tax, now also for Linux! by Morphine007 · · Score: 1

      .... for the love of god, tell me where such a holy-land can be found??

  9. Correctamundo!! by LibertineR · · Score: 1
    And the worst part?

    There aint a damn thing anyone can do about it. Money talks.

    1. Re:Correctamundo!! by fangorious · · Score: 3, Funny

      There aint a [got] damn thing anyone can do about it.

      Get these mother f'in .nets off this mother f'in linux?

  10. Poison Pill by overshoot · · Score: 1
    It's a good indicator of just how toxic that "offer" from Microsoft is that they're willing to go unilateral on it.

    Red Hat refuses to take the "pill" so Microsoft "forces" it on them? This is something good?

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  11. Obligatory Gandhi quote by Sr.+Zezinho · · Score: 3, Insightful

    "First they ignore you, then they laugh at you, then they fight you, then they provide indemnification."

    --
    os trabalhos e os dias: http://zmoreira.net
    1. Re:Obligatory Gandhi quote by MMC+Monster · · Score: 1

      I think that Redhat should offered subscription based indemnification to all MSWindows clients. Just to muddy the waters, of course. :-)

      --
      Help! I'm a slashdot refugee.
    2. Re:Obligatory Gandhi quote by StringBlade · · Score: 1

      Nah, this is still part of the "then they fight you" stage.

      --
      ...and that's the way the cookie crumbles.
    3. Re:Obligatory Gandhi quote by Sr.+Zezinho · · Score: 1

      Maybe, but this is so pathetic that it seems an admission of defeat. The Coyote is still fighting the Road Runner, but in the end gravity always wins. :)

      --
      os trabalhos e os dias: http://zmoreira.net
  12. And you will LOSE that cookie, by LibertineR · · Score: 2, Interesting
    Microsoft if anything, is pragmatic. If they can squeeze the market down to a few Linux vendors that either play well with Windows or don't, that can leverage .NET or not, that can integrate into an Active Directory solution or not, you think they wont help market that?

    How many companies and vertical markets does Microsoft have to kill off before some of you get it?

    1. Re:And you will LOSE that cookie, by div_2n · · Score: 1

      Samba 4 will be able to integrate quite nicely into Active Directory without Microsoft's help as a full domain controller. You can already integrate the latest versions of Samba 3 into AD as a file server and it works quite well actually. With version 4 you will allegedly be able to, theoretically, run an Active Directory network without a single Microsoft product on the server side.

      What further integration do you need since Samba 4 will be distro agnostic?

    2. Re:And you will LOSE that cookie, by morgan_greywolf · · Score: 1
      If they can squeeze the market down to a few Linux vendors that either play well with Windows or don't...


      There, you said it. If.

      While there are a lot of shops that might actually care to use something that's officially 'blessed' by Microsoft, there are actually very few all-Microsoft shops, and the most of the rest don't actually care whether they have Microsoft's blessing or not.

      Samba 3 supports ActiveDirectory as fileserver just fine, thank you very much, and Samba 4 will be able to run an ActiveDirectory without any Microsoft software at all. As for .NET, as if anyone actually cared, there's always Mono. But, really, from where I sit, Java is still alive and strong in the areas that .NET seeks to control. I know of at least 5 Fortune 500 companies that have standardized on J2SE and J2EE for that type of development, including the one I work for

      Wake up and smell the dead, rotting carcass that is Microsoft. Microsoft is not the 800 lb. Gorilla it once was. They are running scared. They don't have anything close to the stranglehold on the server market they thought they were gonna get, and they are not far off from losing their stranglehold on the desktop market.

    3. Re:And you will LOSE that cookie, by Anonymous Coward · · Score: 2, Interesting

      Prediction: in five years time, Trusted Computing hardware will be widespread and Microsoft's networking software will be using trusted network connects. In other words, you won't be able to connect to a Microsoft machine unless you are running code that has been blessed (signed) by a Microsoft key.

    4. Re:And you will LOSE that cookie, by msuarezalvarez · · Score: 1

      Well, that might well be the best thing for F/OSS OS adoption.

    5. Re:And you will LOSE that cookie, by Anonymous Coward · · Score: 0

      Fine... as long as it is FOSS that has been signed properly. In other words, Microsoft's partners like Novell... who as partners, will have a key to sign the code which they have compiled.

    6. Re:And you will LOSE that cookie, by budgenator · · Score: 1

      Linux plays well with Mac osX, with Solaris, with the BSD's, if Linux doesn't play well with windows it's because windows is artificially making it hard for anyone else to play with them. All they have to do is look at the RFC's and the source code and they can find out anything they need to know about playing well with others. If that's not enough they can always jump in the mailing lists and IRC and ask a few appropriate questions.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  13. Time For Reflection In The Open Source World by Anonymous Coward · · Score: 1, Insightful

    Over the past few years as the number of people involved with open source software like Linux has grown tremendously. However, as many of those people came from the Microsoft/Windows world, and probably having known nothing else ever in their lives, brought a dangerous "Microsoft ain't so bad" mentality that was allowed to take hold. It was a sign of just what a reasonable person you were if you used Linux but were open to Microsoft tech regardless of the patent issues. Think back to how many +5 Insightful posts from people lecturing others about how "Microsoft isn't ALWAYS evil, you know" and "put your tinfoil hats away about this patent silliness".

    It's time for anyone with any illusions left about Microsoft's intentions to wield patents as their primary weapon against Linux and the entire open source world to wake up. Microsoft is now in open war with Linux. This is no half-hearted FUD games with SCO. This is serious shit that could very well do tremendous damage things you have worked hard for either in development or use and participation.

    Spend some time on groklaw. Get up to speed on patents and copyright law. Do your part of at least being an informed member of the community - if you aren't already of course.

  14. Three years by overshoot · · Score: 4, Interesting
    WHY!? Why on Earth would Microsoft feel the need to offer indemnification to someone's customers in the first place?
    Read the coverage of the Microvell deal -- the "promise not to sue" expires in three years.

    First, get them dependent on MS technologies such as Mono, then tell them time is up and they have to pay or get sued into oblivion.

    "Nice little enterprise IT setup you have here. Pity if a court slapped an injunction on it."

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Three years by Anonymous Coward · · Score: 0

      You clearly have not read the agreements yourself.

      The coverage is for any software built in the next five years to the customers.

  15. OK, microsoft is shilling GPLv3 now? by Medievalist · · Score: 4, Interesting
    Meanwhile, Eben Moglen, the FSF general counsel, promises that GPLv3 will explicitly outlaw deals like this.
    Up till now everybody's been saying "GPLv3 is too complex and restrictive for actual use, GPLv2 has proven its worth and we're going to stick with that".

    But I'm guessing GPLv3 just got a big boost in popularity. I wonder if the FSF is going to send Ballmer a thank-you note?
    1. Re:OK, microsoft is shilling GPLv3 now? by Gazzonyx · · Score: 2, Funny

      Nah, they'll send him a cake.

      --

      If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

    2. Re:OK, microsoft is shilling GPLv3 now? by 0x15e · · Score: 1

      What, did the FSF see this coming months in advance and include a clause to handle this specific situation or are they now going back to add it?

      As bad an idea as I think this MS / Novell deal is, statements like that really make GPLv3 look more like a political statement than a viable, useful license. It may make people feel good to put things like this in there but it doesn't change the fact that it's still a highly complex and restrictive license.

    3. Re:OK, microsoft is shilling GPLv3 now? by ookaze · · Score: 1

      As bad an idea as I think this MS / Novell deal is, statements like that really make GPLv3 look more like a political statement than a viable, useful license. It may make people feel good to put things like this in there but it doesn't change the fact that it's still a highly complex and restrictive license

      What you say doesn't make sense.
      There's a license, someone try to circumvent it and it's not clear if the license can prevent it.
      Now, they add some text in the license so that it's sure it could not be circumvented by this method, and by some magic, you see a political statement in this ?
      That would just be a fix for a hole in the license, which is basically the goal of GPLv3 compared to GPLv2.
      You rather seem like the one that put strawmen to say the fixes are political statements, and you're not alone.

    4. Re:OK, microsoft is shilling GPLv3 now? by PastaLover · · Score: 1

      If you ask me, the GPL was always somewhat of a political statement. Never heard of the 4 inherent user freedoms? That's a political statement, and the GPL is its implementation.

    5. Re:OK, microsoft is shilling GPLv3 now? by Speare · · Score: 1

      Maybe it's just some sort of RMS Reality Distortion Zone fumes I'm breathing here, but exactly HOW is a license that limits a party's legal options on collaboration of ANY form supposed to be a win for "freedom" and "openness"?

      --
      [ .sig file not found ]
    6. Re:OK, microsoft is shilling GPLv3 now? by cralewyth · · Score: 1

      I was thinking something more along the lines of Flowers, as with loveable Jack

      =)

      --
      "Women are just like ninjas; They lie even when it is more convenient to tell the truth." ~ Unknown
    7. Re:OK, microsoft is shilling GPLv3 now? by mabinogi · · Score: 1

      I'm confused. Exactly _what_ is being circumvented?

      As far as I'm aware, the agreement between Microsoft and Novell doesn't require the end user to agree to any extra or different terms, it's completely disconnected from the license in the first place. It doesn't change anything about the user's rights in regards to the use and distribution of the software provided by Novell.

      Basically, what the hell does this have to do with the FSF in the first place?

      --
      Advanced users are users too!
  16. Red Hat, you have my deepes respect and admiration by Ice.Saoshyant · · Score: 2, Insightful

    Even if in the long run, it might be your demise, you have not sold out yourself and your users to Microsoft. For that, you have our gratitude—mine and of those who'll see in the future that in spite of all odds, you made the right choice.

  17. Way to go Red Hat by pbailey · · Score: 2, Interesting

    Thank goodness these guys didn't get into bed with M$ too. There is still hope. Won't be doing any business with Novell/Suse in the future though....

    1. Re:Way to go Red Hat by Duggeek · · Score: 1

      Maybe Novell is just setting-up M$ for a coup d'etat, like Pixar did with Disney.

      NOVELL CEO: [to Ballmer/Gates] Yes, we will sell our Linux division to you. The going price is a majority share in your company along with our executives becoming your executives.

      You gotta admit, that would be slick!

      --
      This post © Copyrite Duggeek, all rights reversed.
  18. Don't you hate car analogies by Overzeetop · · Score: 1

    But mom uses Ford gasoline to drive to church and back, and Chevy isn't licensed to provide compatibility with Ford gasoline. They think they've gotten it to work, but there's not been a real review of the system, and Ford might still manage to win in a patent dispute.

    You wouldn't want mom to miss bible study...would you?

    --
    Is it just my observation, or are there way too many stupid people in the world?
  19. I'll take that bet by Foofoobar · · Score: 1

    We were standardizing on SUSE but switched to RHEL afterthe Microsoft-Novell pact. For the desktops we use Kubuntu. And we don't have a single problem. And Microsoft threatening to sue and bullying vendors into contracts without telling them what patents they think they are violating is called 'extortion'.

    Nice software you got here... shame if something happened to it.

    --
    This is my sig. There are many like it but this one is mine.
  20. Thank you, RedHat. by Lethyos · · Score: 2, Insightful

    Accepting any deal of the sort from Microsoft is tantamount to giving legitimacy to a corrupt system and buying into blackmail.

    --
    Why bother.
  21. MS extortion(TM) .. by rs232 · · Score: 1

    "Why on Earth would Microsoft feel the need to offer indemnification to someone's customers in the first place?"

    Threats and intimidation. Do business with us or get sued, by us!

    was Re:WHY!?

    --
    davecb5620@gmail.com
    1. Re:MS extortion(TM) .. by Dilaudid · · Score: 1

      Yeah but at least with MS extortion (TM) they pay you :)

  22. Extortion works. by LibertineR · · Score: 1
    We are talking about Microsoft, right? Knowing that most CEOs are risk-averse, they really have a good FUD program working now. Just when I thought the gangster had repented, too. But, Microsoft has 50,000 mouths to feed. They dont care what we think of their morality.

    Novell may become Microsoft's prison bitch, but at least they will get lube and a cigarette.

    1. Re:Extortion works. by molnarcs · · Score: 2, Interesting
      LibertineR, you forget that RH already offers complete protection from any patent litigation to its customers. Basically, they want to force Microsoft's hands. MS doesn't want to sue actually, with the EU decision hanging above their heads, and countless of patents others might have (OIN, SUN, even RH), especially in the server space.

      The Novell-MS "protection" is simply worthless compared to what RH has to offer. On top of that, FSF is going to release glibc/gcc/etc. under GPL v3 - which will explicitly prohibit MS-Novell deals. Which means, that in probably less than a year, Novell will be in a legal poopoo, or will remain stuck with the latest glibc that was released under GPL v2 - in other words, it will be at a technological disadvantage compared to other distroes. Actually, it is Novell whose days are numbered, not RH (especially with SUN's GPLing java, and RH owning Jboss!)

    2. Re:Extortion works. by Foofoobar · · Score: 1

      Microsoft is under the scrutiny of the US Gov and the EU who just told them to open up their protocols are start getting fined. So NATURALLY, they want to make these deals before they are forced to open up their protociols because once those protocols are opened, they can;t really threaten people with their patents; people will either used a Microsoft patent and pay for the license or engineer around it to get interoperability. That's the way the MONO project has worked so far. So while threatening over something they have to fork over anyway, Microsoft is basically just posing and posturing at this point, More FUD for the game. If they had patents that others infringed on, they are responsible to come forward and tell people that they are infringing on those patanets, identify the patents (so people know what the infringement is) and either come up with a remedy or sue. Otherwise the patent is null and void. Much like a trademark, if you do not enforce it when it is known that there are infringements, you risk losing the ability to sue in the future. So in other words, this is a shakedown and nothing else.

      --
      This is my sig. There are many like it but this one is mine.
    3. Re:Extortion works. by budgenator · · Score: 1

      Microsoft has 50,000 mouths to feed. They dont care what we think of their morality.
      Neither do black widow spiders, first they act all sexy, next they screw you, after that they kill you, finally they feed on your corpse! I don't think Novel is going to live long enough to be anyone's prison bitch

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  23. Score one for the 'good guys' then by unity100 · · Score: 3, Insightful

    Microsoft is SOOOOO stupid in that matter.

    It is evident that due to their corporate heritage/understanding, they still think that they can manipulate the whole world by dealing with a number of big corporations.

    So, novell, red hat and similar will succumb to their schemes, and we, millions of developers, system admins, it managers will oblige by them ? duh ?

    am i missing something here ? we 'the people' in the field were the ones to make linux come to where it is today, not the single handed effort of any company. zillions of our contribs made linux come to this point.

    not only that, but we as a whole are the bulk of the community that will advise our top brass, decision-makers, bugdet planners, policy-makers in our corporations and workplaces as to what should be the best course to take.

    we did not oblige by microsoft crap then, and you can easily deduct that we will never do. and you can guess that our advice/move on that matter would be to avoid more microsoft crap.

    we will just scratch anybody who deals with microsoft to that kind of harmful extent, and build on something new. im not putting a prophecy here - im talking about the social dynamics and previous experience - new distros can be done, new platforms can be put together, even now-obscure operation systems/platforms may rise to prominence.

    this is the power of people. microsoft has rowed against the river before, got carried away with it, STILL trying to do as such. do not make the same mistake again. and as for novell, we are already wary about you.

    do not take these as the babblings of a fanatic - this is being spoken from bitter experience with these stuff and a great deal of practical concerns.

    red hat has the go for now.

  24. Ideals of Redhat vs Novell by mythz · · Score: 3, Insightful

    This fiasco clearly shows the ideals of these two 'opensource' companies. Redhat is driven by both the idealism of open source and basis its revenue model on the value proposition and technical superiority of its products.

    Novell on the other hand is a stagnated giant, it only turned to Linux in a bid to generate some revenue to comabat the decline in its directory sales. Novell is clearly driven by profit as is demonstrated by this deal with MS. With this deal Novell is no longer just competing on the strength and value proposition of its products, it has created an artificial barrier (FUD / illusion customer protection) where they are now hoping customers will consider their products of greater value as it has this 'added' protection. If Novell really believed in open source and not as just a way to make profit it would have open sourced NDS a long time ago simarily to what redhat had done with its acquisition and opensourcing of Netscape directory services.

    Now I have to ask what is with the 3 year exclusive deal with MS? Surely this is not a restriction MS has imposed on itself? This must've been a directive from Novell, which makes me think that Novell is more than a puppet in this MS sponsored charade.

    1. Re:Ideals of Redhat vs Novell by Anonymous Coward · · Score: 0

      If one looks at this from a legacy infrastructure perspective, it make at least some sense. Your friend who just likes to look at donkey porn, and doesn't want to be a zombie for penis pills, well a flavor of Mandrake, Kubutu, etc is probably fine, and this isn't meaningful.

      But if Novell becomes the "we'll support your legacy infrastructure and integrate it into your 2000, 2003 domain, and you can get rid of all that 98, old NT crap, painlessly, and cheaply" choice leader. This helps both parties. If Novell and Microsoft develope useful tools, enterprise or otherwise, outside the permissive license, but still free at least as binaries, to individual users, and of nominal expense to enterprise customers it's very good for both of them. And it's good for the rest of the free software zoo too, in the form of providing a pressure to provide similar increased functionality.

      Yes Microsoft is made of money. But half a Giga-dollar is a lot to pay for a mind-fuck. It's functionality that Microsoft customers demand, it's functionality which is far from convienent as is. This is a very real market to be exploited. It's something all the companies being sought as suitors would like to do better. Something Microsoft more or less recognizes it does pretty poorly.

      A middle ground where they get to keep their cards hidden, and their customers have cheap-ish, quality solutions available sounds like a perfectly reasonable end for them to pursue.

    2. Re:Ideals of Redhat vs Novell by sjwest · · Score: 1

      Novell bought suse gmbh a german firm, and pissed off a number of european users, example Munich council is not using suse now for there linux roll out. Novell have been rather dumb in the dealing with Microsoft department, now and in the netware days, but history as say repeats itself. With the Suse founders gone from Novell's board as well Suse died a long time ago, many of its current 'fans' have yet recognise that.

  25. Microsoft is a funny old beast by Anonymous Coward · · Score: 0

    Microsoft seems to like playing these token good guy gestures only to be a c**t later.
    It's frankly insulting that marketeers these days think that the public are so stupid as to not see through these basic games.

    I think software patents are pretty fucking stupid all round and I'm glad that some of the European countries keep making sure that this doesn't get sneaked in on the end of a fisheries bill or some other nonsense.

    The only people for software patents as far as I'm concerned are useless eaters living on bulls**t.

  26. GPLv3 by metamatic · · Score: 3, Insightful
    Meanwhile, Eben Moglen, the FSF general counsel, promises that GPLv3 will explicitly outlaw deals like this. (Of course everyone's on v2, so calling the Novell deal "DOA" would be premature.)

    Yeah, Novell might decide to fork the entire GCC toolchain, the standard C libraries, the file utilities, the shell, the bootloader, and go it alone maintaining the entire system without the benefit of the Linux community. Yeah, that'll work well for them.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    1. Re:GPLv3 by DragonWriter · · Score: 1
      Yeah, Novell might decide to fork the entire GCC toolchain, the standard C libraries, the file utilities, the shell, the bootloader, and go it alone maintaining the entire system without the benefit of the Linux community.


      You seem to presume the "Linux community" is going to seamlessly move as a herd from GPL v2 to GPL v3 for all of those things: that seems less than clear at this point. There's been a lot of back and forth about the desirability of lots of things in GPL v3, and for lots of widely used things that are licensed under GPL v2 with the "or any later version" clause, there may well be a v2/v3 fork whatever Novell does or doesn't do.
    2. Re:GPLv3 by cfulmer · · Score: 1

      Actually, I think his point is that the Linux community doesn't need to move as a herd. In fact, I don't think it can -- most of the Linux Kernel is distributed under a modified GPLv2, from which the "you can use newer versions of the GPL instead of this version" language has been removed.

      However, all the GNU stuff, such as the compiler and libraries, is distributed under the standard GPLv2. If those developers decide to move to v3, that could pose something of a problem for Novell. Note that the developers will actually have to provide some new functionality under V3 if they want to pursue this strategy -- they can't retroactively move exiting versions to V3.

    3. Re:GPLv3 by metamatic · · Score: 1
      You seem to presume the "Linux community" is going to seamlessly move as a herd from GPL v2 to GPL v3 for all of those things

      No, I merely presume that the software which the FSF owns the copyright on will move to GPL v3.

      I'm sure the Linux kernel, Perl, and a bunch of other stuff will stay with GPL v2, but that's irrelevant if you can't put together a working Linux system without using a ton of GPLv3 code or maintaining your own separate toolchain.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    4. Re:GPLv3 by DragonWriter · · Score: 1
      No, I merely presume that the software which the FSF owns the copyright on will move to GPL v3.


      Right, you assume that the Linux community will move to the GPL v3 for that software. The FSF, of course, can control which version of the license it releases new versions under, but has no control over the rest of the community. You assume that without Novell forking the code there won't already be a GPL v2 vs. GPL v3 fork of those key pieces of software you list that are now out in the wild under a GPL v2 license with the "or any later version" clause: otherwise, Novell having to rely on the GPL v2 wouldn't deprive them of the community benefit.

      My point was that there appears to be considerable ambivalence about the new restrictions in the GPL v3, and a GPL v2 vs. GPL v3 split of many of those things you list isn't quite possible whatever Novell does. Given that, Novell likely wouldn't have to fork anything (or at least, not all the things you list) itself, since some, many, or perhaps all of them are likely to be forked anyway for reasons entirely independent of Novell's patent deal with Microsoft.
  27. Indemnification from WHAT ? by Anonymous Coward · · Score: 2, Insightful

    Someone please tell me what patents Microsoft has over Linux ! Don't they have the cart before the horse here, ala SCO ? "We won't sue you" Great. How are they going to sue us now ? Don't we have to infringe on something not to be sued ?

    And even if Microsoft does have a patent or two buried in Linux, don't they have to give fair warning and wouldn't the OS Community just rewrite around it ?

    I totally don't understand any of Microsoft's involvement with Linux. It seems to me like they are trying to scare people into getting an "indemnification license" to run Linux ! They can't control the OS itself, so they can't license that, but somehow they can extort a patent license from it ?

    Doesn't make sense to me.

    1. Re:Indemnification from WHAT ? by Anonymous Coward · · Score: 0

      Q: Don't they have the cart before the horse here, ala SCO ? "We won't sue you" Great. How are they going to sue us now ? Don't we have to infringe on something not to be sued ?

      A: They can't, it's just the M$ FUD machine at work.

      Q: And even if Microsoft does have a patent or two buried in Linux, don't they have to give fair warning and wouldn't the OS Community just rewrite around it ?

      A: Yes, and yes.

      Q: I totally don't understand any of Microsoft's involvement with Linux. It seems to me like they are trying to scare people into getting an "indemnification license" to run Linux ! They can't control the OS itself, so they can't license that, but somehow they can extort a patent license from it ?

      A: Yes, that's exactly what they're doing.

      Q: Doesn't make sense to me.

      A: It doesn't make sense to you because you are able to see through the M$ bulls**t.. which is something that lot of people won't be able to do until it's too late.

      Microsoft, realizing they can't control Linux and that Linux will eventually kill M$, is just attempting to get people to "play along" so they can control those people later. Those of us who will NEVER "play along" with Microsoft already know that M$ is doing nothing more than blowing smoke.

      Repeat after me:
      I will NEVER play Microsoft's games.
      I will NEVER give up Linux.
      Microsoft can kiss my big hairy ass.

      I'm so glad that there are folks like me (who runs Linux servers and desktops) so that Microsoft will never have 100% of the desktop or server market. I look forward to the day that Microsoft is dead on the side of the road while Linux chugs on by.

  28. Let's call it Mafiasoft Insurance by yukk · · Score: 1

    It's an long established business plan. Look at it as a specialised form of insurance. "That's a nice software comany you have there. I'd hate to see anything happen to it."

    --
    The trouble with the rat race is that even if you win, you're still a rat." Lily Tomlin
  29. scaredy cats by rucs_hack · · Score: 2, Insightful

    Microsoft are scared, really scared. If they can't get some leverage in the linux world, then they lose their monopoly. Can you list how many products Microsoft have released outside of a monopoly position that have made money?

    Offering indemnification regarding other peoples products is crazy, unless they need to in order to hold their position as market leader. They can only be hoping to stir up more doubt.

    1. Re:scaredy cats by bberens · · Score: 1

      Zune!

      --
      Check out my lame java blog at www.javachopshop.com
    2. Re:scaredy cats by rucs_hack · · Score: 1

      dammit, I was drinking when I read that, now I have to clean my desk... :-)

  30. Sounds familar by davewalden · · Score: 0, Troll

    Yeah... one could compare this to a Mafia Don sending out his lackies to pick up the protection money from the local stores.

    1. Re:Sounds familar by webheaded · · Score: 1

      That's an awfully nice operating system you've got there...it would be a shame if something were to happen to it.

      --
      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
  31. Go FSF! by Zonk+(troll) · · Score: 2, Interesting
    I for one will be welcoming the GPL3.

    In the mean time, though would it be possible to create a GPL 2.1? Maybe add a clause like this (taken from the CPL):


    b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.

    c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.

    ...

    If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.


    Then, the "or later" clause could be use on existing software and all new versions could hopefully be switched to the 2.1 version.
    --
    "The Federal Reserve is a fraudulent system."--Lew Rockwell
    End The FED. -
    1. Re:Go FSF! by Anonymous Coward · · Score: 0
      http://www.gnu.org/licenses/lgpl.html

      This is the first released version of the Lesser GPL. It also counts
      as the successor of the GNU Library Public License, version 2, hence
      the version number 2.1.
  32. what are the patents anyway? by radarsat1 · · Score: 2, Interesting

    Does anyone have a list of Microsoft patents that affect GNU/Linux?
    Like, what exactly are they providing indemnification for?
    And how many of them likely have plenty of prior art that could be used to fight in court?
    Are there any that we should specifically be worried about?

    Additionally, another thing I don't get about this is that by making this Novell deal, they seem to be indicating that they are willing to sue customers of other distros for patent infringement. But since when do CUSTOMERS get sued for patent infringement? Last I checked it was only the vendors of infringing products that could get sued for patent infringement.

    1. Re:what are the patents anyway? by Anonymous Coward · · Score: 0

      They have mentioned Mono and Samba several times. They may actually have a case with Mono, since Mono supports Windows.Forms, ADO.NET and ASP.NET, all of which are patented but not covered in the patents that MS allows to be freely implemented as part of the C#/.NET specs. Samba is a little murkier, and I think MS may be reaching on that one. They've also mentioned OpenOffice.org (for the MS Office filters), but I think they're wrong on that one too. So the big offender is Mono. The easy way to deal with this is for the various distros to simply drop Mono from their installation media. People could still go download it if they really want it. It's not exactly a critical component for Linux (I don't have any Mono packages installed in my FC6 system).

    2. Re:what are the patents anyway? by DragonWriter · · Score: 1
      But since when do CUSTOMERS get sued for patent infringement? Last I checked it was only the vendors of infringing products that could get sued for patent infringement.


      Generally, in US law, "whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent." [35 USC 271(a); emphasis added]

    3. Re:what are the patents anyway? by budgenator · · Score: 1

      Patents cover a method of doing something, in software it's a method of setting the machine state to do something; so technicaly the vendor and the end-user would only be violating the patent when the program is running; so yes it's my understanding that software customers are liable for patent infringement by running the programs using the infringing methods such as SCO v. Daimler-Chrysler or SCO v. Autozone. I will say that a software company that sues customers for patent infringement tend to not be going concerns for very long because it's hard to steer a successful company when you've got your head stuck up your ass.
      IANAL ect.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  33. english? by trwww · · Score: 1

    From TFA:

    But Hilf acknowledged that it is an awkward situation having Microsoft's customers who use Novell's SUSE Linux covered by the covenant not to sue, while those Windows users running Red Hat Linux are not.

    WTF? Maybe its just me, but I can't even read that. First time I read TFA in a month and this is what I get.

  34. Nice :) by Delifisek · · Score: 1

    I believe this will lead massive GPL V3 translation...

    Yes M$, please sue us, please scare us...

    Execpt others we fight against our fears

    --
    [My english is better than most other people's Turkish, so please point out mistakes politely. Thank you.]
  35. Cringely on MicroSuse (or is it Sues, now?) by sesshomaru · · Score: 4, Informative
    Here's Cringeley's tak on it:

    http://www.pbs.org/cringely/pulpit/2006/pulpit_200 61110_001188.html

    Relevant quote from Cringely article:

    We saw this happen before when 3Com tied its fortunes to Microsoft in the late 1980s with the lamented 3Com-Microsoft LAN Manager network operating system, which was ironically Microsoft's answer to Novell at that time. Then 3Com CEO Bill Krause felt the only way to compete with Novell was through an alliance with Microsoft. So 3Com bought its way into the relationship, ended up doing all the work (MORE THAN all the work if you count recoding Microsoft blunders), then had to BUY ITS WAY BACK OUT when the product failed.
    After that deal was over and the blood had dried, 3Com founder Bob Metcalfe claims that a Microsoft exec told him, "You made a fatal error, you trusted us."
    I still think Microsoft is less evil than Sony though... but only just.
    --
    "MIT betrayed all of its basic principles."
  36. not much though by Anonymous Coward · · Score: 0

    It's not divided much at all, just cruise around and look at the blogs and forums, sentiment is running 99% anti the MS/Novell deal. So technically, ya, "divided", but all I see is a more insistent camp in linux land. Heck, it gave a huge boost to GPL 3 for that matter, because now more people can see what can happen without the added protection that will be addressed there. I mean, I know it might be out there, folks going "golly gee whizz! Man, I'm a-gonna switch to Suse right now because they partnered up with MS!!1!!", but I sure haven't seen it, just a lot of the opposite or at best a wait and see sort of neutral stance. *Most* of what you see is "how could they be so stupid? and "they can go to hell, suse is now off the table at my home/shop/org!". Maybe I'm just on an alternative intartubenets or something, but after looking at any number of places, I see revulsion mostly at that deal. Not all, but mostly.

    Open source is one of those things you either "get it" or you just slap don't, even with folks who use it. You have to really understand the long term ramifications of going to open source to see how to use it and how it will eventually result in just a superior over-all experience. grok or not-grok.

  37. Oracle available on RH only? by Mariner28 · · Score: 1, Offtopic
    Oracle was available on RH only, it didn't sideline any FOSS database project at all, Oracle even had to buy some afterwards !! It didn't kill culture of openness and freedom either. That's complete wishful thinking on your part, that goes contrary to factual evidence.

    Get your history straight. Oracle was available long before Red Hat was around. Hell, it was available long before Linux was around. Hell, I attended an Oracle workshop back in 1986 when the company I was with was implementing Oracle on a VAX-11/785. It originally ran on a PDP-11 under RSX. The only *nix on an Intel-based PC was Xenix on an AT

    You can somewhat redeem yourself if you identify who produced the VAX and PDP, and the founder of the company.

    --
    "A little misunderstanding? Galileo and the Pope had a little misunderstanding."
    1. Re:Oracle available on RH only? by (A)*(B)!0_- · · Score: 1
      "Get your history straight. Oracle was available long before Red Hat was around."
      I think he was talking about the availability of Oracle software on various Linux distributions, not the entire history of Oracle.
      "You can somewhat redeem yourself if you identify who produced the VAX and PDP, and the founder of the company."
      Lame.
    2. Re:Oracle available on RH only? by nuzak · · Score: 1

      > I think he was talking about the availability of Oracle software on various Linux distributions, not the entire history of Oracle.

      Of course he's wrong about that too -- it's run quite nicely on SuSE for some time. This in no way takes from the lameness of the GP though. It's sort of a Special Olympics boxing match going on between those two.

      --
      Done with slashdot, done with nerds, getting a life.
  38. Re:OK, microsoft is shilling GPLv3 now? My joke! by zotz · · Score: 1

    "But I'm guessing GPLv3 just got a big boost in popularity. I wonder if the FSF is going to send Ballmer a thank-you note?"

    Hey, that's my joke:

    http://linux.slashdot.org/comments.pl?sid=206202&c id=16815084

    Let's call this a case of great minds think alike. We never heard 'fools seldom differ' - no, not us! ~;-)

    all the best,

    drew
    http://www.ourmedia.org/node/262954
    Sayings - Deterred Bahamian Novel

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  39. Bwuaahhhh! by Mariner28 · · Score: 1
    I'm very impressed with your company's due diligence in investigating Linux Operating Systems upon which it will grow its marketshare:

    Those PC's were my wife's Dell laptop, my Grandmother-in-laws HP, my moms laptop, and my custom built PC.

    Um, what about the server platforms? ;-)

    --
    "A little misunderstanding? Galileo and the Pope had a little misunderstanding."
    1. Re:Bwuaahhhh! by Ocular+Magic · · Score: 1

      We're a small manufacturing company with 3 office people and mostly laborers, not some large corporation or anything close to it. So yeah, our research consists of what we can do on our own time with hardware we have laying around. We don't have a large budget to invest in high end hardware. The servers consist of two PC's connected via high availability and a backup that runs nightly. Nope, it's not the best, latest, most expensive setup by any means. As we grow which we have over the past couple of years, our budget for hardware will grow. But, when you're a small business you do what you can with what you have. You can laugh all you want, but I will tell you this, our system is more robust than most other small businesses in the area.

  40. Deja Vu by Anonymous Coward · · Score: 0

    Didn't Microsoft try this with Corel some time ago?

    1. Re:Deja Vu by budgenator · · Score: 1

      I may be miss-remembering but it seems that Corel was in the Caldera-Novel-SCO chain some where

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  41. Patent Protection by Anonymous Coward · · Score: 0

    The protection offered by MS is WORTHLESS unless it applies to ALL open source players, from embedded to commercial to super computing. By working with Novell, it protects commercial SuSE users AFIK, but what we need really are assurances by MS that they will not abuse the broken patent system in the US against private, commercial, or government users, developers, supporters, and sellers of Linux and related products. The specific patents MUST be identified and protection extended to ALL players.

    MS is filing a very large number of patents. The open source crowd needs to file even more, in addition to efforts to collect bodies of prior art. So long as patents in the US are granted on software, we NEED to play the game whether we like it or not as it is the law of the land and the US is a MAJOR player in software. That does not preclude working with your newly-elected congress critters to get things changed. It also does not preclude working in your country to stop the adoption of software patents and the like.

  42. Let's break it down a bit. by khasim · · Score: 1

    First off, either there are or there are not Ford patents being violated by Chevy.

    Case #1. There are - So Ford pays Chevy lots of money and Ford can promise not to sue Mom for driving a Chevy. This is going to be a bit difficult to explain as Ford could just save the money and not sue Mom anyway.

    Case #2. There are not - So Ford pays Chevy lots of money for no reason and Ford promises not to Sue Mom for driving a Chevy. This makes even less sense.

    See?

    1. Re:Let's break it down a bit. by XMyth · · Score: 1

      You could've just replied and said "dumbass" :)

  43. Thank you for the irrelevant indemnification by unity100 · · Score: 1

    Yea microsoft, you didnt have any right on any single shit in linux, but hey, you still decided to provide us who use it with indemnification.

    apparently toes at microsoft are unaware of what their head is thinking.

  44. Sebben might say... by Duggeek · · Score: 1

    Ha Ha Ha! Lawyers!

    Bird-man! Get on the phone and call our lawyers! I want us to be right in the middle when they infringe on that GPU patent!

    You! Get on that phone and keep calling this phone. I want that phone working at all times!

    Lastly, you! Get me one of those red hats.

    [slam!]

    --
    This post © Copyrite Duggeek, all rights reversed.
  45. you forgot something... by Morphine007 · · Score: 1

    Oh SNAP!

    there ya go ;-)

    1. Re:you forgot something... by LibertineR · · Score: 1
      You are correct, I DID forget that.

      Never mind........

  46. Poor MS, trying to put the cat back in the bag by jotaeleemeese · · Score: 1

    So MS has finally waken up to the reality that Linux has to be taken seriously, but unlike with the little mishap of ignoring the existence of the Internet for several years, this time they are not even trying to compete and innovate, they are reaching directly for the patent portfolio while at the same time trying to ensure that people running already Linux are not alinated.

    Clap, clap, clap. Well done Redmondites, your lessons in Machiavelism never stop to amuse us all, the bigger you guys are the more you move away from doing things that benefit society with your efforts.

    But MS is missing the point. Lets say they manage to kill Linux (I don't see how, but lets oblige the MSofties, they are IT people as well, or were at some point before marketing and fear took over), then we will move to BSD (thank goodness they kept coding), or we may be even manage to finish the Hurd! Think about that.

    Or something else could be started from scratch, which may not be such a bad thing, many preconceptions and prejudices regarding operating system design are mantained because there is no incentive to redesign such a complex thing from the ground.

    MS is buiying time at best, wasting money at worst.

    If MS really wanted to compete with Linux they would open source Windows and compete for the developers out there to help them code and find bugs for their products. Sun got it. IBM got it. Apple almost got it.

    There will be a point when all the patents will expire, in many places are not even valid now. As things stand, if MS starts to go after users of Linux then MS would become a pharia in the EU, Russia, China and who knows were else.

    Poor MS, a company that had a chance at greatness going down the path of protection money very used amongst gangsters.

    Shameful really.

    --
    IANAL but write like a drunk one.
  47. That does not really matter. by jotaeleemeese · · Score: 4, Insightful

    If you are server tomorrow with a lawsuit from MS to stop using Linux, you have to ask you the following:

    -Do I have the poclets fto fight them?
    -Do I have the time to fight them?
    -Do I have the energy to fight them?

    note that the validity of any possible patents is completely immaterial, in a litigation systems in which money talks, the threat of being sued is enough to do whatever you are told to do if you don;t have the resources to defend yourself.

    And of course MS will not go after the big players first (banks, oil companies, software producers, Hollywood studios), no, that would be an even battle.

    They will go after the little guy, the one they can crush. That creates a climate of uncertainity in which Linux will be questioned instead of prised because the bully would be out to get you.

    If MS had any decent intentions they would have launched an interoperability panel with the mantainers of the 5 or 6 most important Linux distributions and teams working on Samba, Mono, Cedega, OpenOffice.org and other parties interested in making interoperability work. They would have alos announce that no patents would have been used against any Linux software.

    There was no need of this nonsense, but the only kind of relationship that MS understands is the one in which they are the abusive party.

    I wish I could say lets give them the benefit of the doubt, but the way I see things is pretty obvious they are positioning themselves for a legal battle. They must be careful, they may be bitting more than what they can chew.

    --
    IANAL but write like a drunk one.
  48. GPLv3 should be GPLv2 with Patent clauses by Anonymous Coward · · Score: 0

    The GPLv3 should be the GPLv2 with Patent clauses...

    This ANTI-(this company or that company) will lead to GPLv3 demise.
    From the slashdot comentary on this article, it appears that GPLv3 is going to be ANTI-Tivo, ANTI-Novell, ANTI-Microsoft.
    This is a destructive trend rather than a constructive open-source trend.

  49. Read it again, they are brazenly licensing Linux. by twitter · · Score: 3, Interesting
    The "indemnification" only extends to M$ customers. It's kind of stupid to promise not to sue your own customers, but the threat is really aimed at companies who are about to dump their shit all together. The idea being conveyed is that M$ might forgive your cheating heart if you keep paying them. As Bruce Perens pointed out, M$ is effectively selling Linux licenses. It might not look like a sale now, because they are offering thirty pieces of silver to a select few, but the deal is to recognize M$'s bogus patents. Once that recognition is granted, M$ will attempt to collect licensing fees from free software vendors.

    Red hat is right to reject such a deal. If M$ pulls it off, it will represent the largest theft of IP ever. In the last round of theft, the non free companies closed off software that was government funded. In this theft they lay claim to anything and everything of value anyone ever writes. Now that's evil.

    --

    Friends don't help friends install M$ junk.

  50. Microsoft is up to something... by SoulRider · · Score: 1

    they must think they have some sort of case already. For anyone who is actually old enough to have followed MS through their lifetime, will realize this is their usual foreplay before the extinguish phase of their business model. They wouldnt be offering protection to these companies unless they thought they had a viable threat. Microsoft will go through the whole embrace, extend, extinguish phase whether they work or not, this is what they do. They are probably trying to establish Linux as a proprietary OS in the minds of the customers, this will somewhat even up the playing field for them. Or Microsoft is planning on filing one bogus patent suit after another (SCO got away with it) until the customers think that linux is riddled with patent issues and lose interest. Debian, Ubuntu and all the free implementations of linux should be preparing their legal teams now for what is coming. I have a feeling the first real shots are going to be fired in this war (up until now its just been "My OS is better than yours" kind of marketing/fanboy rhetoric). There should at least be a review board formed to actively find any patent issues in Linux (FSF, Groklaw collaboration?), and to react and prove or discredit any accusations made.

  51. It's the usual M$ end goal. by twitter · · Score: 0, Flamebait
    Simply explain to them why Ford would pay hundreds of millions of dollars to Chevrolet for an agreement not to sue Mom (who drives a Chevy) for violating Ford's patents. There, that shouldn't be so difficult, right?

    No, it's not so difficult when you realize that M$'s patents are not worth the paper they might be printed on. They are trying to buy recognition of those patents so they can lay claim to free software ownership and sell licenses to it and or shut it down. It's not like they have been able to compete. It's taken them six years to make Vista, which stinks out loud. They know the end of the line is here for them.

    --

    Friends don't help friends install M$ junk.

  52. some GPL types kick gift horse in mouth... by lpq · · Score: 1

    History has shown us that the oppressed almost always, eventually, take up the tools of their oppressors. I see members of the samba team, Moglan, and Redhat all using *F*U*D*.

    Perhaps naively, but it:
        1) appeared MS gave Novell money now, for Novell making payments later;
        2) MS will help sell [Suse] Linux -- that means MS is distributing and bound by GPL2 code;
        3) MS promised no patent attacks on Linux software used by Novell. This means the _SOFTWARE_ is free -- the promise wasn't protecting Novell users, per se, but the Linux software. Any other distro that uses the same software will find most of their software is covered by the MS-Novell deal.

    To me, that read that almost all Linux software was now free of patent threats from MS -- no matter what distro it is in -- if it is in Novell's distribution, it is covered software.

    It makes sense that this wouldn't apply to all GPL software -- since that would expose MS to unlimited loss of patent protection should any GNU software choose to START violating patents. Presumably, Novell might choose to avoid software that blatantly violates patents. But to ask that MS never sue anyone over GPL code due to patent infringement is asking too much out of a vendor-vendor deal.

    Seems like some "free" SW people can't accept good news -- they have to kick a gift horse in the mouth and create a problem where one previously did not exist.

    Too bad, otherwise intelligent, people are taking such a reactionary stance. :-(

    1. Re:some GPL types kick gift horse in mouth... by pembo13 · · Score: 1

      Posts like that will have the narcotics division knocking at your door.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    2. Re:some GPL types kick gift horse in mouth... by lpq · · Score: 1

      Nevermind...I was reading off of a misleading summary of the deal.

      I agree, the deal appears to suck...:-(

  53. Novell in a corner? by greylion3 · · Score: 3, Interesting

    Just a thought here; if the rest of the Linux world moves on to GPLv3, does that prevent Novell from updating SuSE?
    Has Novell effectively run itself into a corner with the MS-deal?

    --
    Privacy begins with ..
  54. *Woosh* by jargoone · · Score: 1

    Carefully re-read the comment you replied to. You're missing the point.

    1. Re:*Woosh* by Anonymous Coward · · Score: 0

      Carefully re-read it yourself. FOSS has no meaning in a trusted computing world.

  55. For those of you who thought MS was going to work by Serveert · · Score: 1

    more closely with linux.

    Looks like you were wrong.

    The deal between MS and Novell has only one purpose: to fuel the FUD machine after SCO went down in flames. This has been planned for awhile and it is no coincidence that as soon as SCO no longer threatened linux, MS would pull out this track from their hat.

    Kudos to Red Hat for telling Microsoft to stuff it. Expect more huff and puff from microsoft, including but not limited to patent lawsuits against Red Hat customers which go nowhere. That is phase (2) in the plan.

    Oh and as a bonus we all get to hate Novell, a linux distributor. Divide and conquer your enemies.. brilliant microsoft!

    It's just too bad that linux will continue to dominate the server market... Just about to order more linux servers today in fact!

    --
    2 years and no mod points. Join reddit. Because openness is good.
  56. Wake up by Wooky_linuxer · · Score: 1

    In what world are you living in? Ballmer said himself that the deal would exclusively "protect" SUSE costumers and only them. If it was already extended to all Linux distros then why would MS seek a new deal with Red Hat? Besides, Novell's distribution of Linux is by far almost like any other general purpose distros like RH or Mandriva, take a few packages off if you will. So, MS is NOT acknowledging there is no patent problem with (GNU/)Linux; quite the opposite. They are sending a string hint there are problems (eitheir this is true or not remains to be seen) and saying the only way to be protected is to sign a deal.

    In fact, your 3) is a blatant lie: MS did not promise no patent attacks on Linux Software used by Novell; they promised no patent attacks on Novell's customers. That's leaps and bounds different.

    --
    Where is that guy who'd die defending what I had to say when I need him?
  57. MS doesn't want to run software on top of Linux by Rob+Y. · · Score: 2, Insightful

    Microsoft doesn't want to release proprietary software for anybody's Linux distro.

    What they want is to make Linux non-free. They want to scare IT managers into only using commercial distros that don't cost much less than Windows. You see, they know that their whole TCO argument is bogus. Windows is probably not cheaper TCO-wise in many situations today, and in the future, the argument will become less and less valid, not more so.

    But if they can make sure that businesses (think they) have to buy Linux to use it, then they know how to compete with it.

    If they have to release some proprietary stuff on Novell's distro in order to keep the FUD alive, they they may do just that. But there's nothing in their announcement that suggests that they feel the need to do that. They're gonna 'help' Novell interoperate with Windows, but that just means "if you feel you must use Linux, we'll make sure it can be made to work with Active Directory". That just kills 2 birds with one stone. Preventing any migration to NDS, which is cross-platform, and removing the Linux price advantage. I think they even get some royalty payment.

    All of which is targeted at one ultimate goal... elimination of the Linux threat.

    --
    Posted from my Android phone. Oh, I can change this? There, that's better...
  58. Red Hat welcomes other Microsoft pledge by SalD · · Score: 1

    Red Hat deputy general counsel Mark Webbink's remarks about the Novell-Microsoft deal sounds a little like sour grapes. He welcomed Microsoft's other effort when Red Hat benefited as well. In response to Microsoft's patent pledge (the Open Specification Promise), Webbink said: "Red Hat believes that the text of the OSP gives sufficient flexibility to implement the listed specifications in software licensed under free and open source licenses. We commend Microsoft's efforts to reach out to representatives from the open source community and solicit their feedback on this text, and Microsoft's willingness to make modifications in response to our comments."

  59. Sure MS could make some money here, but... by Kazoo+the+Clown · · Score: 1

    Yes, in order to capitalize on Linux popularity, MS could sell "insurance" to their own customers who also use Linux. However, in order to keep such a gravy train going, they ultimately would have to sue some Linux party for infringement, else their customers eventually question "why are we paying for this?" But in actually filing a case against something in Linux, they risk 1) losing the suit, and thereby the entire sordid scheme, 2) payback infringement suits against them from parties like IBM, 3) lots of bad will, and 4) a resurgence of pressure for anti-trust actions. In any event, it's their own customers that would end up feeling fleeced by Microsoft in the process. This is about as good an idea as was invading Iraq over WMDs.

  60. microsoft's last gasp by Anonymous Coward · · Score: 0

    they know they've already lost the war, that's why they've approached novell to save their sorry asses. they would never have offered novell 'protection' if microsoft wasn't already aware of their _own_ need for protection.

    novell was duped. they are now pariahs of the open source world. they may make some quick short-term gains in winning a few new clueless corporate customers, but in the long run, their name is mud...or should i say FUD?

  61. Not a gift horse, but a trojan horse. Here's why: by KWTm · · Score: 2, Insightful
    Perhaps naively , but it:
    I agree with your "naively" there.

            1) appeared MS gave Novell money now, for Novell making payments later;
            2) MS will help sell [Suse] Linux -- that means MS is distributing and bound by GPL2 code;
            3) MS promised no patent attacks on Linux software used by Novell. This means the _SOFTWARE_ is free -- the promise wasn't protecting Novell users, per se, but the Linux software. Any other distro that uses the same software will find most of their software is covered by the MS-Novell deal.

    What you fail to explain is why Microsoft specifically refers to Novell. If the software is free, as you say, then why not simply say that Microsoft won't sue anyone? You may answer that perhaps Microsoft simply happened to deal with Novell, and when they said "We won't sue Novell's customers", they really meant that they wouldn't be suing any customers. But that's patently false, since Steve Ballmer specifically said that the protection afforded Novell('s clients) is something that other distros wouldn't have. They even went out of their way to offer the same deal to Red Hat, so clearly Red Hat didn't have the same indemnity that you were suggesting would have applied to any user of the software.

    You may say that that's a minor detail, with the important thing being that Microsoft is actually working with a Linux vendor! But keep in mind: Microsoft is not a technology company. Microsoft is a marketing company. As such, the perception of the marketplace is their lifeline and focus. You must admit that the outcome of the Microsoft-Novell pact is the perception of legitimacy in the vague threats about patents and intellectual property, similar to the SCO case.

    Whether this is the deliberate intent of a conniving scheme, or simply a byproduct of Microsoft's genuine desire to support and promote Linux, is a matter of opinion. Given the past history of Microsoft with respect to software freedom, working with corporate partners, and throwing money around, I would side with the Slashdotters who are taking Microsoft's altruistic pronouncements with more than a grain of salt.

    In the meantime, yes, some other nice things have resulted: Microsoft acknowledging the importance of Linux, the $380M to Novell, etc. Doesn't mean we stand by while the FUD is being spread about Software Freedom.
    --
    404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
    [GPG key in journal]
  62. RedHat must be mad by ray-auch · · Score: 1
    we do not believe there is a need for or basis for the type of relationship defined in the Microsoft-Novell announcement


    Must have more money than they know what to do with then.

    Remember what type of relationship this is: Novell just got $300M plus from MS in total for this mutual covenant-not-to-sue (and some sales "cooperation" / coupons).

    Why on earth would anyone turn down that ?

    Let's face it, RedHat are saying they aren't interested in order to get Kudos, because they know Ballmer is not interested anyway. He needs more deals like this like he needs a chair in the head. He's spouted a bunch of FUD to convince _his shareholders_ that he's done a brilliant deal, when in reality he's had to make a massive pay out. So, obviously, he is also going to _say_ that he wants to make more such "brilliant deals" - in reality it's the last thing he wants. Sure, MS may have billions in cash, but do you really think they want to go handing it out 300M at a time to dozens of Linux companies ?

    If I really thought Ballmer was serious about doing the same deal with other Linux distributions I'd be setting up a Linux distribution tomorrow (and hey, $50M will do me Mr B, quick easy deal, I'm not greedy, I'll even throw in a joint press conf.).
  63. Is Microsoft afraid of Open Source Patents ? by Vapula · · Score: 1

    Several companies, including IBM, Novell and RedHat, made a patent pool with a few very well selected patents whose aim is to protect key opensource projects against patents attacks.
    Some of these patents would cover part of .NET and other MS technologies. Projects protecteds by the patent pool include the kernel, OpenOffice and MONO (the open source .NET system).

    Maybe Microsoft is trying to make deals with the companies around that patent pool so they could *NOT* sue him should Microsoft make an attack on one of the protected projects... Defangs those who protect the key projects then sur the projects for patent infringement...

    I should get back to my Linux France Mag issue explaining that patent pool to get more info...