Jeremy Allison Resigns From Novell In Protest
walterbyrd writes to alert us to word from groklaw.net that Jeremy Allison has turned in his resignation at Novell. "The legendary Jeremy Allison (of Samba fame) has resigned from Novell in protest over the Microsoft-Novell patent agreement, which he calls 'a mistake' that will be 'damaging to Novell's success in the future.' His main issue with the deal, though, is 'that even if it does not violate the letter of the license, it violates the intent of the GPL license the Samba code is released under, which is to treat all recipients of the code equally.' He leaves the company at the end of this month. He explained why in a message sent to several Novell email lists, and the message included his letter to management."
Now if a few more people apply similar pressure. What I'd really like to see, is the Samba team officially pull support for Novell/SuSE, if not outright inform them they are in violation of the liscense, and their right to use the software is revoked.
But this is slashdot. A slashdoter who didn't build his own computer is like a Jedi who didn't build his own lightsaber!
Ha ha only serious?
--Rob
Towards the Singularity.
Whatever you think about what Allison has done, you have to repsect him for living up to his convictions. This sort of thing can't be good for your career, or for your bank account.
I really admire people who choose to live by their principles, even when it's hard or costly to do so.
Fortunately, YANAL, and you're dead wrong. Using your example, if you deliver Kevin Rose and 9 members of his family, you've fulfilled the letter of the contract, but will still be held in breach of it because you violented the intent of it.
* The only people who are complaining are those who are true *idealists* when it comes to Linux and Open Source
....or in this case, the people that actually produce the software being used.
I have large customers (people who spend money on software AND use Open Source) who run Windows and Linux side by side. Their NUMBER ONE complaint has been lack of interoperability.
Precisely. Users will think this is great, but it's not users who are writing the software being abused. Large users in particular (I work for a very large corporate user of Linux) will think this is great, because they're already paying for their support contracts and are basically seeing Linux as a commercial OS anyway - that's true in their case, because they're paying for support and restricting themselves to supported configs etc.. But it's the people writing the code that are objecting to their labour being used in this way, not the end users.
Cheers,
Ian
Microsoft says it will sue users of Samba, but not if they give Microsoft money by being a customer of Novell (because a portion of the SUSE warantee agreement goes to Microsoft directly).
By doing this, Novell is violating my copyright and the copyright of every contributor to free software by redistributing my software to people who do not have the ability to redistribute my software (with all rights they received therein). The GPL expressly forbids this, both in intent and in letter.
Novell is now saying that when I said anyone they distribute my software to must be given the same rights to redistribute that Novell has, and be told as such, that I really didn't mean it. While the GPL says this means Novell no longer has the right to redistribute my software, I strongly suspect they think it doesn't say that either.
A software's author that licensed the project under the GPL or any other license STILL RETAINS THE COPYRIGHTS of that project. Thus ... the author of a software project can specifically forbid a certain individual or company from distributing that software.
If the Samba team holds the copyrights of Samba ... go figure, they can.
From TFA
I think this sums up both the reason why the GPL community is mad at Novell even if they didn't technically violate GPLv2 and why there is a need for GPLv3.
Some are saying that the community has no right be mad at Novell because they aren't technically in violation of the GPL. Fine for them. But many of those that contribute code to GPL projects do so because they believe in the intent of the GPL, which is that all who receive the code are to be on the same legal footing as all others regardless of how they receive it. If the GPLv2 is no longer sufficient to provide this guarantee, then changes are needed. And it is perfectly valid for Eben Moglen to craft the changes to plug specific legal-loophole, zero-day exploits in the GPLv2 such as this Microsoft-Novell deal.
Novell keeps trying to make this deal smell rosy by talking up the interoperability part of the agreement. Are they really so stupid that they do not see that the interoperability part of the deal is not what has GPL supporters upset? They could have made any number of deals with Microsoft to work on interoperability without trying to destroy the foundation of the GPL.
this signature has been removed due to a DMCA takedown notice
SUSE 10.2 is my preferred flavor of Linux, and with all that is currently going on, I feel guilty for liking it as much as I do. I see it as a potential windows alternative down the line, once XP is sufficiently outdated, if 10.x keeps improving, cause I'm sure as hell not pissing money away on Vista. Now I feel like I'm being sucked back to the Microsoft teet even as I make plans to break away.
Raging in an online forum won't do anything for the world around you. To see change, you must take action.
Besides, in the past, the Samba team has demonstrated a professionalism that has put their detractors to shame, and I hope they can continue to uphold their standards. Witness what they said to SCO when SCO accused the evil Samba team of spreading the deadly plague of Open Source (all the while distributing Samba with their SCO Linux). Here's the letter from Samba to SCO:
Translation: "Up yours, SCO." But they say it in such a way that it will carry weight in business circles. In the same way, Allison's resignation makes a clear statement.
It would be a mistake to do otherwise; if the Samba team says, "Well, then I *un*-give you the code! Nyaah nyaah!", it would epitomise in the minds of executive decision-makers that Open Source is run by a bunch of immature J.Random Hackers From China who will revoke your license at the slightest provocation.
One only hopes that Novell will show some more understanding of how much turd they have now placed their foot in, and make some public gesture to show the IT world that OSS is alive and well. Sort of like what EV1 did. Novell's done a lot of good for OSS. I hope they continue.
404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
[GPG key in journal]
EXACTLY the sort of consideration this deal generates, all to MS' gain.
And why the developer community is so seriously dead-set against it. Any code contribution by Novell at this point has to be considered suspect against MS claims of infringement that Novell/its customers are supposedly safe from, but the rest of us are wide-open to.
Okay.
But that does not seem to be happening.
So far it is just Miguel who supports it
I think you're confusing those items.
If the legendary Jeremy Allison moves to Red Hat or Canonical, he'll probably still be working on Samba. And when the GPL v3 comes out, it will probably be adopted by Team Samba.
So in that specific case, it would be Novell who would have to fork the project and do all the work without the help of Team Samba.
Huh? So Red Hat (where Alan works) is "second-rate"?
Or is it that Ubuntu is "crappy"?
I don't see that happening. Instead I see a company flailing at its declining marketshare and signing an agreement to FUD everything else Linux related.
Just like SCO did.
And Novell will die, just like SCO is dying.
The issue with the Novell deal isn't copyright. It's patents. In countries dumb enough to allow software to be patented (ie, the US), Microsoft could make Samba 100% compatible with Windows and 100% GPL. They'd be able to say, though, if you're not a Novell user they'll sue you for patent infringement.
You miss the point. Novell and Microsoft are saying that they can release code under GPL v2 that is encumbered by patents. If this is the case FOSS CANNOT use that code without denying the freedoms that were the intent of the GPL.
Microsoft could, for example, help Novell inject their IP and later tell users that they must pay or be sued for patent infringement.
I didn't support GPL v3 in the past but I do now. Let's close this loophole and shun Novell until they straighten up and fly right!
The race isn't always to the swift... but that's the way to bet!
The beauty of the GPL is that they cannot do that. That's why I support the GPL over all other licences, its track record to this day has been perfect in keeping free source free.
"GPL3 ain't done till Microsoft and Novell won't run"?
Vintage computer games and RPG books available. Email me if you're interested.
I'm not seeing that. If people question Linux, they'll choose Windows instead.
Just like Novell's CEO saw when he tried to go head-to-head with Microsoft
No, the "easy choice" will be Windows. The "easy choice" in IT is always to go with a single vendor. That way there's no finger-pointing about why something won't work that way the salesperson said it would.
Why would anyone be looking for "full IIS compatibility" from a different vendor when they can have IIS itself? Migrations are expensive and the customers know that deals between IT companies can go sour. It's safest to involve the fewest companies and that means buying from the vendor selling the product itself. Not from someone promising "compatibility" with that product.
Linux has a few advantages over Microsoft products. And licensing is one of the biggest advantages for the end user. Once that is gone (and it is under Novell's deal), there really isn't any reason for the end user to consider "compatibility" with Microsoft's products when they can just go with Microsoft itself.
Particularly when Novell has to maintain its own "forks" of projects such as Samba because Team Samba has gone with GPL v3.
Please sign the Open Letter to Novell. I'd like to get that over 3000 signatures at least today. It's at about 2950 now.
Thanks
Bruce
Bruce Perens.
EXACTLY. And if you'll look at the SCO case, you'll see the exact same thing. SCO sued a couple of its own customers NOT because they were using Linux but because they did not comply 100% with the contract they had signed with SCO.
When Microsoft comes in for an "audit", they're not doing it to help you. They're doing it because they want more money out of you. And the only way to get more money out of you is to "find" that you are not "in compliance" with the agreement you signed.
Which is why it would be smarter for people to avoid Novell products which Novell is paying a ROYALTY to Microsoft for if you're looking to reduce your exposure to Microsoft lawsuits and/or reduce your costs to Microsoft.
Yes, that pretty much sums it up. Novell has always maintained that it hasn't infringed on Microsoft's patents but Microsoft has openly stated that Samba and Mono and other software does infringe.
.NET to the world as an "Open Standard" and then claiming that whoever implements it are using Microsoft's IP that are protected by the patent laws.
So what you have is Microsoft offering
Microsoft has never been known for playing fair and it's time for the entire world to work hard to simply make them irrelevant. Don't implement standards that are not truly open. Don't support Microsoft in ANYTHING they do. Demand that they be held accountable for their continued antitrust violations. Microsoft needs to be broken into at least three separate companies in order to level the playing field. This can easily be justified by their continued lawless actions and the effects those actions have on the IT world.
The race isn't always to the swift... but that's the way to bet!