OpenSUSE Opens Up to Questions About the Microsoft Deal

NewsForge is reporting on the recent IRC meeting that the OpenSUSE team held to answer a few questions about the controversial deal between Novell and Microsoft. The most prominent questions are highlighted and the complete IRC log is available from the article while the questions that didn't make the discussion will be posted on the OpenSUSE wiki.

Comments

What is this?

[khasim]

Nov 27 11:20:23 Novell claims to have not acknowledged any patent infringements
Nov 27 11:20:23 by Linux. But Novell is now paying a tax to Microsoft on the
Nov 27 11:20:23 Linux distributions it ships. What, exactly, is Novell paying
Nov 27 11:20:23 for?

Nov 27 11:21:05 We're paying for the promise that Microsoft made to our customers not to sue them

Nov 27 11:21:43 Not to sue them for *what*? For problems you don't acknowledge exist?

Nov 27 11:21:57 Well, we put together an agreement with MS to make Linux and Windows work better together
Nov 27 11:22:05 Now, as everyone knows, MS has spent the last 10 years saying negative things about Linux
Nov 27 11:22:11 including implying that there are IP issues in Linux
Nov 27 11:22:30 It didn't make sense for us to do a partnersihp with MS on interoperability issues and still have this patent cloud hanging around for our customers
Nov 27 11:22:39 and so MS asked us to put together a patent agreement as well.
Nov 27 11:23:00 And so, we promise MS's customers that we won't sue them and they promise the same thing to our customres
Nov 27 11:23:08 They pay us for our promise and we pay them for their promise
Nov 27 11:23:24 It doesn't matter if the allegations from MSFT are true or not

Microsoft asked Novell to "put together a patent agreement" so Novell could market that protection to their customers ... at a cost of $40 million from Novell.

Does Novell often pay millions of dollars for "protection" for its customers when it does not believe that the threat has any substance?

Microsoft is the one making the threats.
Novell is paying Microsoft to NOT follow through on threats that Microsoft has yet to substantiate.
Not to mention the patent battle that could erupt should Microsoft ever file a patent claim against anyone using Linux.

WTF?

Re:What is this?

[Quantam]

Novell is paying for their customers' peace of mind. Regardless of what Novell says (or what may be true), MS says that Linux violates MS' IP, implying that MS might sue Linux coders and/or users. That makes Novell's users nervous. They want guarantees that either MS' claims are false, or MS will not sue them, even if they are true. This contract provides that guarantee.

While that does vaguely resemble mafia "protection" payments (though not as closely as many Slashdotters seem to believe), I really don't see why people are having such a hard time wrapping their heads around the reason for this deal.

This is also reminiscent of what was going on in the US during the cold war - everyone building bomb shelters, stockpiling food, etc. The reality was that none of this would have been able to keep anybody alive, had nuclear war broken out. But the fact that people thought it would put their minds at ease, and that made all the difference in the cold war.

Re:What is this?

[killjoe]

Why don't we do that. Why don't we put together a web site that lists all of MS patents and then declare open season on them. Let's invalidate all of them by digging up prior art. This is a fantastic opportunity for the OSS community to launch an DDOS on MS patents.

Once MS sees it's patents start being picked apart by the community they will start to panic, it will be fun to watch.

Re:What is this?

[QuantumG]

Fine. Go here, enter these numbers:

7,143,340 - a patent on the MVC pattern applied to tables in GUI. I know both the Qt and gtk+ toolkits do that.
7,139,894 - that patent covers just about any interprocess communication that transmits "configuration information".
7,131,112 - and here's a patent which covers basically every revision control software ever written (cvs, svn, git, etc)

That's 3 of 5873. Go to this page, enter "Microsoft" into Term 1 and select "Assignee Name" for Field 1 if you wanna see the list.

Enjoy.

Stupid

[dotslashdot]

Thanks to some opensource proponent (was it the FSF?), MS knows where to look to find infringing code in the kernel! Someone did an analysis (to prevent software patents, which was not going to work in the U.S.) to convince every linux user that patents were bad by demonstrating how the linux kernel potentially infringed on 200+ patents. You're going to say "potential," but NO opensource developer will have the $ to defend themselves against MS. I predict MS is going to start suing like a motherfucker and linux is going to go away.

Look at what Microsoft is paying for.

[khasim]

The balance of payments are by far in Novell's favor from what I've seen. I don't remember the exact numbers but Microsoft is paying far more than Novell is paying them for the patent agreement.

Yes, that is correct.

Microsoft is paying hundreds of millions of dollars for SuSE support licenses. Far more than Novell is paying Microsoft.

Now, when was the last time anyone tried to buy SuSE from Microsoft? Has anyone here tried to? No?

Okay, when was the last time anyone called Microsoft's tech support about a SuSE issue? Has anyone here tried that? No?

Well, it seems that Microsoft paid a LOT of money for licenses that it will probably never use and didn't seem to need in the past. You might want to look up the history of the SCO lawsuit and see how Microsoft also paid for SCO licenses that Microsoft will probably never use and didn't seem to need prior to that.

So, it looks like Microsoft paid for Novell's signature on that "patent agreement". Novell couldn't say "no" to that big of an instant payoff.

Now, go back and read about Microsoft's other "partners" and how Microsoft treated them. There isn't any reason to believe that Microsoft is suddenly going to play nice and fair with Linux (or Novell). Microsoft's who business model is based upon their monopolistic control of the desktop.

This is unusual

[Bruce Perens]

In what feels like 10 years of participating on Slashdot, I have never come upon a post which makes its point so excellently, and also contains so many F-words. Those two things have been mutually exclusive. Until now.

Do me a favor. Take your anger here for a moment and help me out, if you haven't done so yet. But no F-words there, please, it would detract from the document. Even if Novell tosses it off, it's point is already made to a lot of Novell users and VARs and investors and the press. They've been calling me.

Bruce

Re:wow, is it just me?

[Nat Friedman]

People keep saying this, but there are counterexamples.

In 1997 Microsoft invested $150 million in Apple. The deal also involved a promise from Microsoft to make Office available on Macintoshes, and there was a patent agreement as well. Bill Gates appeared on the big screen at MacWorld to jeers and shouts. People said Apple had done a deal with the devil and was dead. But in fact the deal gave Apple the money and the breathing room to build itself up and they are far from dead now (though not the most open company in the world, obviously).

In 2004 Sun did a deal with Microsoft, were paid $1 billion, and signed a patent agreement with MS as well. This month they announced they are GPLing Java.

So while I agree that MS is a dangerous company and you have to be careful when you do anything with them, it's simply not true that doing a deal with them is always fatal.