Novell Goes Public with Microsoft Linux Deal

InfoWorldMike writes "On the back of defending the agreement this week, Novell did as promised and published details of its landmark November 2006 Linux partnership agreements with Microsoft. Linux advocates are expected to scour the documents for signs of how the agreement may affect Linux and whether anything in it will put Microsoft or Novell in potential violation of the upcoming version 3 of the GNU General Public license (GPL). The GPL is used in licensing many components of the Linux operating system. Open-source advocate Bruce Perens said he would be looking to see exactly what Novell was given through the deal and whether there is any requirement for the Linux vendor to defend Microsoft's patent claims. 'What I'm actually looking for is, to what extent was there a violation of faith?' he said."

Comments

Re:The damage is done.

[Antique Geekmeister]

Stallman has enough handlers to help keep him out of the realm of shrieking in your face. He's actually matured, and gotten better at convincing strangers that he has some real answers for their concerns.

Richard has been prophetic about this: his concerns at the Novell/Microsoft deal, and about software patents in general, were exposed as completely correct when Microsoft started its recent claims of hundreds of patent violations without naming a single patent.

No protection what-so-ever

[Anonymous Coward]

1.9 "Other Excluded Products" means (a) office productivity applications (word processing, spreadsheets, presentation software, etc.) of the Parties that are hosted by or running on a computer acting as a server for a connected client device, and (b) new features and functions in the following categories of products of the Parties, but not to the extent the products embody operating system software or other enabling technologies: (i) video game consoles (e.g., Xbox video game consoles), console games, video game applications designed to run on a computer, and on-line video gaming services (e.g., Xbox live); (ii) business applications designed, marketed and used to meet the data processing requirements of particular business functions, such as accounting, payroll, human resources, project management, personnel performance management, sales management, financial forecasting, financial reporting, customer relationship management, and supply chain management; (iii) mail transfer agents (aka email servers); and (iv) unified communications. Looking at the list of excluded items, doesn't this mean that anyone that buys SuSE and thinks that they're protected from suit are just being fooled. I know that OOo comes as part of the distro as do other excluded things. So what does Novel think that they have to offer (besides FUD that is) to their customers? This deal also seems to leave MS open to cancel this deal at anytime. So, there is no protection. It seems to just be the illusion of protection and nothing more.

Re:Actual Patent Agreement

[Kjella]

Well, they explicitly exempted OpenOffice and StarOffice, which I presume means that otherwise they would have been covered. If OpenOffice is a "clone" of MS Office, then I think you can cover just about anything competing in the same market.

Re:The damage is done.

[Brainix]

The Free Software / Open Source "community" is and has always been split. That's its greatest strength. Some people (like RMS) are into Free Software for idealistic reasons. Other people (like Linus) are into Open Source for practical reasons. People disagree about everything on every level - from the topmost philosophical level all the way down to the implementation details of the code. There's enough room for everyone and, frankly, the discussions and flamewars are healthy.

No acknolwedgement of Infringement

[apokryphos]

It's worth noting 3.4:

  3.4 No Acknowledgement of Infringement. Nothing in this Agreement shall imply, or be construed as an admission or acknowledgement by a Party, that any Patents of the other Party are infringed, valid or enforceable.

Which will hopefully finally put an end to all the nonsense conspiracy theories that "Novell admitted that Linux infringes patents" etc., even though Novell have constantly re-iterated that such a claim was ridiculous. As I've said several times before, blaming Novell for Microsoft's recent claims is just completely unfounded, and in fact there's nothing new or particularly recent about it; Microsoft have always been flooding the market with falsities about Linux's infringement on their patents.
 
Hopefully the published results will provide the community with a general better understanding of the deal, so that at least if they disagree/hate it, they do it for real reasons (which seems to be rare).