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IBM Weighs In On Novell — Microsoft Deal
Azul writes "In an interview, Scott Handy, IBM's VP of Worldwide Linux and Open Source, has stated IBM's position on the recent Novell-Microsoft agreement. According to Handy, Novell has been quite clear that they had never agreed that Microsoft had any proof of Microsoft patent violations in Linux." From the article: "'IBM has long supported interoperability between Windows and Linux. As supporters of open source and open standards, we applaud any effort to bridge this gap.' ... Looking ahead, Handy said that despite the outcry in some circles about Novell's deal with Microsoft, IBM will be making 'No change in our partnership with Novell ... IBM has two strategic Linux partners, Red Hat and Novell. This has served us very well for seven-years. Over 90 percent of the Linux server market now belongs to those two companies and the industry has consolidated around those two leaders,' he added."
IBM can afford to shrug off Microsoft's FUD campaign, because they have enough patents in their own portfolio to defend themselves. It's pretty sad, though, that every company has to build up a stockpile of bogus patents in order to be safe from patent predation by other companies. You also have to wonder how much of a chilling effect this is going to have on efforts like Samba.
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Over 90% of the Linux Server MARKET, eh? Well, first, define server? Is that only a nice IBM piece of hardware, or some other big player piece of hardware? What about SuperMicro, and the middle ground players?
As well, define market? What part of the marketplace does Debian have? None, really, not if you define marketplace as something you can track via sales.
I believe these specifications are out of whack. 90%? From where I sit, it's 90% _non_ Redhat or SuSE....
Are IBM about to get butt-fucked by MSFT in the OS market for a second time, dragging us all with them? I hope not.
This is the real play MS are making, that IBM will not endanger their software patent portfolio to fight. IBM could make a similar patent deal involving some random windows reseller, that would send a message. This just shows that they are not willing to risk their own software patent revenue. Marshall Phelps must be laughing real hard at the way he's single handedly destroyed the US software industry!
It makes little difference what the text of the Novell deal with Microsoft says. Microsoft paid a net of several hundred million dollars to Novell. With that, it is pointless for Microsoft to argue that Novell paid money to license Microsoft's patents. Heck, if Microsoft pays me $240m, I'll go a step further and actually admit to infringing on Microsoft's patents, provided Microsoft gives me the same perpetual license they have given Novell.
Microsoft can pay other people to sign contracts until their bank account is empty and it's meaningless. The only thing that means anything at all (and even then, not much) is if someone admits patent infringement and then pays Microsoft a substantial net amount of money to license the patent.
There are folks in this same deal who aren't as tightly bound, like Jeremy, who is Samba team leader and also a Novell employee. Jeremy disapproved of the deal in public.
Bruce Perens.
"We have never seen any need for patent protection for Linux, and we don't see any need for it now. If legal claims exist, they should be resolved between vendors and not involve end-user customers." -- Scott Handy
This statement betrays a fundamental disconnect: Scott forgot to mention the developers, the real engine of the community.
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Well, that's just a percentage of webservers, not the overall server market.