Novell Worries About GPL v3

An anonymous reader writes "In its annual report for the fiscal year ended October 31, 2006, Novell expressed concerns over how the new version of the GPL may affect their business. Microsoft might stop distributing Suse coupons if the GPL version 3 interferes with their agreement or puts Microsoft's patents at risk, ultimately causing Novell's business and operating results to be adversely affected."

Comments

Re:Can you feel the love?

[Tuoqui]

Well to be technical, Novell has 2 options... They can choose to continue using GPLv2 components and become obsolete over time or they can move to GPLv3 and realize the Microsoft deal is dead in the water.

The FOSS community gets hung up on the philosophy because to be honest if you do not adhere to your original philosophy then you end up like Google's 'Do No Evil' philosophy. Basically it gets ignored or back burner-ed for the reasons of profit.

Remember that the GPL was about making free software available to all. It was also designed to protect developers and projects from the overreaching commercial interests that the Microsoft-Novell deal basically puts into writing. Just look at the terms of it, they explicitly exclude Open Office, Wine and I think Samba... If Microsoft was serious about extending the olive branch to the OSS community they would not have made these glaring exceptions in the Novell deal.

what the covenant really means ..

[rs232]

"If the final version of GPLv3 contains terms or conditions that interfere with our agreement with Microsoft or our ability to distribute GPLv3 code, Microsoft may cease to distribute Suse Linux coupons in order to avoid the extension of its patent covenants to a broader range of GPLv3 software recipients," Novell stated in the document"

Well DOH, the 'covenant' only applies to a very restricted set of NOVL customers and specifically excludes downstream providers or developers of 'Original Work'. The pledge also lays claim to 'Original Work' and excludes openSuSE developers from working on their own code in company time. Any such work must also be rolled back into Novell SuSE. Not much of a covenant then.

Wow there, I just noticed something, it don't say original code, but original work, thereby extending the coverage to properties and methods? If this was cricket that would be know as throwing a googly .. nice.

'1.10 "Customers" means an enterprise or individual that utilizes a specific copy of a Covered Product for its intended purpose as authorized by a Party in consideration for Revenue'

What is the definition of 'intended purpose' and 'utilizes' in the current context. Who defines 'intended purpose' and 'utilizes'. If these terms are not defined (I can't find them) or can be arbitarly changed by either party at a future date then of what use is it to me the 'customer' as a legal document. I'm not a lawyer, but this says to me the 'pledge' can be revoked at any time. By either party I assume. I do assume the NOVL lawyers got one too. I can't see it! I do assume the NOVL lawyers actually read it before signing!

"In addition, Microsoft reserves the right to prospectively update and revise the terms of this pledge"

A close reading of the 'covenant' and associated documents reveals its true purpose, to drive a wedge between the Commercial Sector and Open Source developers.

MICROSOFT - NOVELL PATENT COOPERATION AGREEMENT --

translation: I pledge not to sue you for indeterminate IP violations for a period that can be arbitrary revised, extended, canceled by me at any time. You agree that I own your own original work - not just code ;).