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Microsoft Patent Deal Could Leave Novell Behind

robbyyy writes to mention a Computer Business Review Online article about commentary from Bruce Perens to Novell, about their recent deal with Microsoft. He argues that the company should quickly turn its back on the deal, because Novell risks being left behind by open source progress. From the article: "While Linux creator Linus Torvalds has previously stated that the Linux kernel will remain on the GPL v2 license, much of the code that makes up a complete Linux distribution is owned by the FSF, which intends to re-license all its code to GPL v3 as soon as it is completed in early 2007. 'In the face of these changes, Novell will probably be stuck with old versions of the software, under old licenses, with Novell sustaining the entire cost and burden of maintaining that software,' Perens wrote, adding that Novell faces a choice of sticking with Microsoft and being left behind, or turning its back on the patent deal."

9 of 246 comments (clear)

  1. NovWinLux by antirelic · · Score: 4, Interesting

    Hrm. Here is a what if scenario. What if Microsoft decides to not go the legal route, and instead starts developing software that helps interoperate Linux to windows, but only through a mechnism that is Novel specific? For example: Novel sells SUSE v25, that is "Windows Enabled", aka comes with that "bonus cd" that contains a propietary software that makes its Linux boxes "just work" with windows systems? For example, whatif you can run some direct x applications almost natively on SUSE because of what Microsoft has done? Now lets say that MCSE also has a subcomponent for SUSE support? As a CIO or a semi-retarded Mid level manager, would you choose a linux that "works well with windows" or a linux that doesnt (not saying that Linux without M$ blessing doesnt work with Windows, I'm just using standard linear "yes or no" type thinking common with mamanagement types in the IT world).

    --
    20th century Marxism is not progress...
    1. Re:NovWinLux by HairyCanary · · Score: 3, Interesting

      An interesting proposition. But given how long it takes Microsoft to build software, and their track record at building *good* software, I would not worry much about this happening. What you described would take a few years to put together, and by then Novell will be long forgotten and out of date.

  2. Re:The Damage is Done by 14CharUsername · · Score: 4, Interesting

    Yeah I think Samba might be a target here. If Novell contributes code to Samba, and Novell says that the code they conrtibuted was licensed from MS, then Samba can only be used by companies that are indemnified by MS. Remember that part of this deal is about interoperability, and Samba is a big part of that.

    Another target id Mono. It's probably a good idea to avoid that platform altogether, since its likely only MS approved linux distros will be allowed to run apps developed for Mono. Of course its just as likely mono will remain free. But the worst case scenario is going to scare a lot of developers, making mono a dead platform.

    I think Perens is right. As long as this deal is in effect, everything Novell does will be tainted. No Open Source project should accept any code from Novell until they cancel this deal. It's good to see that the Samba team gets it. Though I think it's likely this will kill Mono.

  3. microsoft has just done that already! by krayfx · · Score: 5, Interesting

    i think novell missed the bus already! microsoft has in effect done precisely what they intended. drive a wedge find a weak link. greedy corporations/ half baked manager/ mgt teams are the precise target. they know it the game very well, novell played by their game, bought the tripe and is now stuck. if what perens has to say is true - staying with old software is too much of a hassle to handle, and the open source community will not touch the 'pariah' code. this in itself a major victory. duplication of efforts by novell and the mess would be grain in the gears.

    open source is forging ahead in a lot of things. novell has 2 of the brigtest and hardworking team in them (suse and ximian), what better way to scuttle the open source army's healthy progress! imagine if kde 4 was already out in time for vista (no, they aren't in the same market). things would have looked good for a lot of enterprises to go for solid products like novell desktop with say all the gloss of kde 4. i don't know how this war is heading/ shaping, and also what microsoft's plans are - but one thing's for sure - they have won the battle number one. they've split the community. it upto us in the community to close the ranks, regroup and look for the best possible solution, i wouldnt want novell to go down and taking suse and ximian along with them!

  4. Re:Only partial maintenance burden by Jason+Earl · · Score: 3, Interesting

    Yes, and anyone who has ever had to maintain an incompatible fork with a Free Software project knows how difficult and time consuming that can be. In the end Novell will likely be forced to maintain their own fork of nearly all of the GNU tools, a considerable burden. Novell's competitors (ie Red Hat) won't be forced to accept this same burden. Novell already has the added burden of maintaining Netware and other pieces of commercial software. Maintaining versions of GNU software is going to add to its expenses.

    More importantly, don't be surprised if Free Software projects start rejecting code from Novell engineers out of hand. After all, under its agreement Novell's customers are safe from infringing on Microsoft's patents, but everyone else's customers are potentially at risk. Anything that Novell engineers contribute has to be judged on that fact. Novell could easily inject software that is covered by Microsoft's patents into Free Software projects knowing that its customers are safe.

    It boggles the mind that Novell's executives could take such a large step without talking to its partners in the Free Software community.

  5. Re:Suse is dying -- netcraft confirms it by DoktorTomoe · · Score: 3, Interesting
    They ask for donations. Last I checked Suse was still a version of linux, so anyone that's donated to LiVES and uses Suse should still get support. It's fair. I have the choice to use whatever version of Linux I want and if I donated money, I should get support any way.
    From Wikipedia's http://en.wikipedia.org/wiki/Donation:
    Donations are transfers, or gifts, given without return consideration. This lack of return consideration means that, in common law, an agreement to make a donation is an "imperfect contract void for want of consideration." Only when the donation is actually made does it acquire legal status as a transfer or property. In civil law jurisdictions, on the contrary, donations are valid contracts, though they may require some extra formalities, such as being done in writing.
    Donations are not support fees. Donations are an unsolicited display of respect and gratitude. It would be fair, but it is no obligation, and you are not entitled for support in any legal way, even less if you use a non-supported operating system distribution. Think of the implications if someone who donated would get LiVES to run on Windows, BSD, OSX or AmigaOS 3.3... there is no way proper support would be given to you, independent of the amount of money you donated.
  6. Re:Scam. It's a scam. by cp.tar · · Score: 3, Interesting

    From what I've gathered - and please, correct me if I'm wrong - Microsoft gave money to Novell, not the other way around.

    While it can generate bad publicity - and it has already generated pretty bad publicity among Linux users in general - as long as it remains in the media alone, we'll be fine.
    We've been immersed in FUD ever since Microsoft stopped ignoring Linux (first, they ignore you...); it has never stopped Linux before. Slowed down, yes; stopped, no.

    Besides, with Vista and possible further incarnations of Windows restricting user rights more and more, Microsoft will have enough bad publicity on its own.

    And Linux will find a way into many a user's home as a way to run all the Good Old Games(TM) - a friend of mine, who claims Linux Is Not Ready For Desktop And Won't Be For Ten More Years, has a Linux partition from which he runs old games. He says DOS emulation under Linux is so much better, and who am I to contradict him.

    --
    Ignore this signature. By order.
  7. Re:It's FUD, but I can understand Novell signing by Darth · · Score: 3, Interesting

    You misunderstand Perens' point.

    He is saying that the GPL v3 will explicitly disallow the kind of contractual arrangement Novell used to end-run around the GPL v2. When v3 comes out, Novell will have to either abandon the contract, or they will not be able to use code licensed under v3.

    Since all of the FSF foundations tools will move to v3, and most of the toolchain for linux is owned by the FSF, Novell will be left behind with old versions of a lot of the software in their distribution. They will have to fork the code base at the point the license changes and maintain v2 implementations of those tools themselves. That will be a lot of work and the Novell versions of the tools will probably end up divergent from the FSF versions of those tools.

    This will make SuSE less interoperable with other open source software and less attractive as a platform on which to build your infrastructure.

    --
    Darth --
    Nil Mortifi, Sine Lucre
  8. Re:The end of the world is not nigh by Xaero_Vincent · · Score: 4, Interesting

    Just so everyone knows. The LGPLv3 is being modified to include the same or very similar patent clause as the GPLv3. The GNU standard C library "glibc" will be no exception.

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    Regards, Vincent