Hubert Mantel Returns to Novell
Krondor writes "Hubert Mantel, SUSE Co-Founder, has confirmed in an interview with Data Manager Online that he has returned to employment with Novell. When asked why he left Novell to begin with, Hubert responded that he was 'burned out' and 'following unpleasant experiences with our investors needed some time off.' Slashdot had reported previously Hubert's departure from Novell approximately one year ago shortly following Novell's acquisition of SUSE and subsequent layoffs.
Hubert also provides his opinions on the Novell-Microsoft Agreement, which he characterizes as 'a good thing.'"
I don't know, his answer is fairly comprehensive to me. FTFA:
Incorrect. This is the part everyone around here keeps getting wrong, either willfully or because the fact that Microsoft is involved gets them so crosseyed-mad that they can't read. The agreement is that Microsoft won't sue Novell's customers should Novell be found to be violating any of Microsoft's patents, nor will Novell sue Microsoft's customers if Microsoft is found to be violating Novell's patents. This doesn't prevent either company from suing the other over patent violations.
It's hard to believe that after hashing this over endlessly on Slashdot, some here still don't understand that this agreement says nothing about MS not suing Novell. It's all about Novell's customers. MS can sue any distro maker it wants to, including Novell, exactly as it could of before the agreement.
It violates the spirit of GPL2, but Novell and MS did an end-run around a technical violation by having Microsoft agree not to sue Novell's customers. By not specifically naming Novell the company, MS has avoided putting them in a position where this supplementary agreement would be considered an additional condition to the GPL, which is strictly verboten.
It was a cynical, disingenuous move, and that's why Stallman has promised that GPL3 will not allow this kind of end-run manoeuvre.
Crumb's Corollary: Never bring a knife to a bun fight.
What do you base this intrepretation on? Unless Novell modifies your code in such a way that it violates a MS patent when your original code did not, the scenario you outline is false. Of course, even if this agreement didn't exist, if Novell did add code that violated a MS patent then you couldn't redistribute the code without the threat of being sued by MS. Nothing in this agreement changes the patent realities for someone who wants to modify and redistribute GPL'd code from Novell or from anyone else.
What negative side? The only negative side I've heared so far - and I try reading most of the articles and comments out of personal interest, since I still know some of the people involved personally - is fears and words. I could not discover a single FACT. The same thing Microsoft is so often accused of ("FUD") is presented here instead of evidence. Test: If you had never HEARD about that MS-Novell deal, what influence on your life would it have now? So far the answer seems to be "none" by all the posters. Well, except for "I fear", "I think", "It's obvious" and other junk words and pseudo-arguments.
On the other hand, Novell is able to present some very high-profile customers who signed on for Linux through Microsoft that SuSE and later Novell for years tried to convince of Linux unsuccessfully.