Novell May be Banned from Distributing Linux

Hymer writes "Reuters is reporting that Novell may be banned from selling Linux. In the wake of the (much maligned) Novell/Microsoft deal, the Free Software Foundation is reviewing Novell's right to sell the operating system at all. The foundation controls the rights to key parts of the operating system, and council for the organization said that 'the community wants to interfere any way it can' with the Novell business arrangement. No decision has yet been reached, but one should be made in the next two weeks." Is this a measured response, or an over-reaction to the Novell/Microsoft arrangement?

Comments

I'm confused

[rm999]

"The two companies agreed to jointly sell their products and also develop technologies to make it easier for businesses to use Linux alongside Windows software."

Why is that so bad?

Re:I'm confused

[Anonymous Coward]

It's bad because the GPL says (section 7):
If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
... and that allthough Novell hasn't itself (officially) payed any patent license to Microsoft, they have implicitly acknowledged that the users of the software they sell need a promise from Microsoft not to sue. If there's any reason to do that, then the Novell customers have not gotten the right to re-distribute. Section 2.b og the GPL:
You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
.. and therefore Novell would properly fall under section 4 of the GPL (at least in spirit):
Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License.

Re:I'm confused

[MMC Monster]

Fine. Novell can violate any microsoft IP with impunity.

My question is: Can they release that code under the GPL, knowing that it cannot be freely distributed?

Re:I'm confused

[elronxenu]

It's bad because Novell is paying Microsoft for the use of Microsoft patents in Linux. Linux is free software. When we speak of free software, we are referring to freedom, not price. The fact that Novell has effectively admitted that Microsoft holds some Intellectual Property leverage over Linux, implies that Linux is non-free. And that's not acceptable to the community. Worse, it implies that Linux is non-free and beholden to Microsoft, a convicted monopolist, the owner of Linux's principal competitor, a company with no love for Linux and one which is well known for shafting its partners and enemies alike.

It appears likely that the patent covenant which Novell signed violates the GPL - either Version 2, or certainly Version 3. If so, Novell loses its right to distribute affected code under the GPL. No other license permits it to do that, so Novell must cease distributing.

Also, the possibility that Novell has insider access to Microsoft Intellectual Property creates a risk that Novell's contributions to Linux will leak some of that Intellectual Property into Linux. Thus, the scenario described in the first paragraph, while Linux may not presently be tainted by Microsoft's IP, in future it may become so. I think it is purely common sense for the community to reject patches supplied by Novell.

So, people don't hate Novell, but by their actions they are putting Linux at risk, in order to line their own pockets (presumably funded by patents which Novell owns and which may be used in Windows). Novell aren't playing fair with the community.

Re:I'm confused

[passthecrackpipe]

"You are a moron because your opinion is flawed."

That reasoning is, initself, flawed. Calling somebody names is hardly a constructive way to begin a discussion. Moreover, as you say yourself, it's an opinion. His opinion. As such, it's hard to see where the flaw is. The OP states his preference for BSD licensing. I read his post as saying "The GPL places restrictions on what you can do with the software under its license. BSD doesn't" as such, I see no flaw in that argument, even if you feel it is important to safeguard the continued access to the sourcecode. As you say yourself, Contributors are free to choose the license they prefer.

"It is a moron who tries to ridicule the free choice people make.

Huh? So first you ridicule somebodies preference for a certain type of license, the you go on to state that people who do that are morons? I don't get it.

Re:How can they do this?

[morleron]

Bear in mind that IANAL, but I suspect that the FSF could make life very difficult for Novell if they change the license for all of the many utilities and applications that they control from GPLv2 to GPLv3. Novell would have a lot of work to do if they were suddenly put in a position in which they could no longer distribute the gcc package, GIMP, GNOME, etc. with SuSE or any other Novell-branded Linux distro. There are a lot of small pieces of the overall that use FSF-developed code and are essential to running a Linux system. We could find out how much truth there is to RMS' statement that the overall system should be called GNU/Linux if the FSF goes ahead with this move.

Personally, I would support the FSF if they decide to do this. The Novell/ MS deal is nothing, but a way to provide Novell with a marketing tool, the ability to say "use our Linux distro and be safe from MS patent claims", at the expense of the overall community. Novell is essentially saying that it's OK for MS to sue everyone, except Novell customers, for so-called IP infringements. It is a move by Novell to establish themselves as the Linux monopoly by making their product "safe" from MS lawyers. Novell is hoping that the business community will make wholesale migrations to their products in order to avoid the threat of MS litigation and is a, somewhat silent, partner in MS' efforts to spread FUD about the "use of MS proprietary technology in Linux". Make no mistake about it Novell is evil: to my mind it is more evil than MS in that it portrays itself as a friend of the Linux/FOSS community, while doing whatever it can to undermine the philosphical and legal basis for that community. MS at least makes no claim that Linux is OK - they just flat-out hate us and do everything that they can to prevent the spread of freedom within the community of computer users.

Spreading FUD

[lRem]

Ahhh, another AC spreading FUD...
The whole Reuters article is FUD. Novell has not crossed any license, nor anybody at FSF thinks they can ban Novell from anything. What they are thinking about, is including something in GPLv3 to forbid wording that may suggest OSS breaking patents in those public deals. They even already posted a clarification!