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Novell Proclaims 'We're Not SCO' and We Won't Sue
E5Rebel writes "Novell has promised not to sue anybody over the Unix copyrights that a US court last week ruled it owned. They said there was no Unix in Linux and now they are sticking by it. Perhaps they had no option, but Novell deserve praise for taking on the fight with SCO...."
Ok, first let me say that I believe Novell when they say this. I think that they're so beaten up right now by the open source community, that they're going to be walking on eggshells for a long time. Plus they've learned their lesson...What's to gain? Not much, since there's not much of a case (if any) in the first place.
A lot of people may not know that one of the reasons Caldera was started in the first place (SCO's parent) was that Ransom Love recuited a load of engineers to get Zen works to run on Linux. Internally, Novell rejected the idea after they saw a massively failed WordPerfect on Linux project, and thought they had better stay clear of alternative OS's for a while.
Both companies being located in Utah county, there was heavy Novell influence in Caldera internally. In meetings (yes, I worked there for a couple of years), you would always here..."At Novell, we did it this way...". People would come in from or leave to Novell here and there. They were actually very passionate about open source. I even got a t-shirt shortly after the merger was announced, hinting that they'd be opening the source code to UnixWare (silly, huh).
Anyway, once Caldera started all the layoffs after the dot-com boom and SCO merger, a good chunk of engineering ended up at Novell. They closed the German development office (Erlangen), and most of those fellows headed over to Suse.
Then Novell bought Suse. Wow, funny how things come together. So yes, there are plenty of the same people working for Novell as were at SCO for a time, but as far as I can tell, it's mostly (or all) non-execs. Every guy I worked with was passionate about open source, and making the world a better place, etc.
Then it wouldn't hurt to put any and all software they own the copyrights to under the BSD license or even release them to the public domain. If they aren't going to sue anyone who infringes on their copyrights, then they might as well release the code under a permissive license
I guess they are trying to rebuild goodwill they lost with the MS deal. Oh well, in either case this is a welcome announcement so at least they can get some praise for that one. Seems they realise just how bad they screwed up at least ...
...legally binding? I had no idea.
Under the influence of Post-Cyberpunk Gonzo Journalism
If Novell is soooooo
cool, why don't they open source
UNIX already?
Novell has shown themselves consistently to try to do the right thing 1) for their customers, 2) for open source in general, and 3) for their shareholders.
They are constantly harassed by not being a "pure" open source company, but they have shown a tremendous dedication to working with the community on their Free Software. Their "deal" with Microsoft was an attempt to offer their customers something unique, the indemnification/license to protect them from Microsoft.
They were attacked, because private citizens felt that nobody should offer that, that's silly. That was Novell working to offer a unique value proposition.
When SCO turned on Linux, they COULD have hung other companies out to dry and claimed that as a unique advantage to Novell. They didn't. They defended the Free Software world against SCO.
I think that Novell has been a remarkably good citizens in short order, and should be given more slack when they announce a program that is good for their customers but isn't hurting the general movement.
If the Novell/MS deal gave Novell an edge than its because Linux IS infringing. If Linux isn't infringing, then their deal was nothing more than my promising not to sue you for using city roads, a meaningless offer. The attacks on them seemed unfair.
The game.
Reminds me of that Bill Gates joke:
Bill Gates arrives at Heaven's gates and St. Peter tells him that he really doesn't know what to do with Bill. "I mean on one hand you've helped get computers into many homes, but on the other hand you released Windows. I'll give you the choice, heaven or hell?"
Bill thinks about this and asks to be shown both places to make an informed decision on the matter. And so Peter takes him to heaven, replete with clouds, angels, harps and what not. Bill barely manages to stifle a yawn before St. Peter takes him to hell, a fabulous beach with babes playing around. "I've decided I want you to send me to hell," Bill announces.
So a few weeks later St. Peter looks up Bill to see how he's doing. Gates is strung up against a cave passage somewhere, demons all around him whipping and branding him. "And Bill, enjoying yourself?"
Bill grimaces and says: "This isn't what you promised me!"
"Ah," says St. Peter, "you're right. That was the demo."
Indeed!
This is why I read slashdot. Where else do you find editors with such mental agility that they can completely contradict themselves in the mere space of 16 words?
From the mysterious future, I bring you this headline:
Sweden launches nubile virgins straight into the heart of the Sun. After all, it shines on us every day. I mean, it doesn' exactly have much else to do, but we need an empty reason to express gratitude. Thank you Sweden for honoring the Sun's contribution to our civilization.
The Banjo Players Must Die!
The real victim in the case, at least now that it's resolved, is GrokLaw. What the hell are they going to do now, without this case to report on!?
Dude, I think I can see my house from here.
They are saying they own their patents, and they won't go after you as a Linux user. What more do you really want? They may be able to make money off the patents in other ways. They are a business after all. Holding the MS deal against them for eternity is dumb as well.
In speaking with a friend who works at Novell. They really plan to hold true. Be glad they took them on. It has helped more that it hurt the OS battles.
Perhaps they had no option
Novell has plenty of options here. They are in the same position as SCO right now. Novell holds the UNIX copyrights, and has a linux distro that is gaining market share. They could very easily start up the infringement train and force everyone to use SuSE linux as not to infringe on their IP. They could even sell indemnification licenses, at, oh, say $699 a pop.
BUT THEY DIDN'T. Even though Novell is losing money left and right, and the target of much hostility in the community (for which I really don't understand), they have opted not to sue. They have the UNIX copyrights and have promised not to use them, in the best interest of the community. That's HUGE. Unlike the SCO case, Novell actually has the resources to put a stranglehold on the community. BUT THEY DIDN'T.
Stop bashing Novell already. PLEASE.
There is no reasonable defense against an idiot with an agenda
:wq
First, MSFT's mumblings about patents will likely go splat if a single MSFT voucher purchases a single copy of SuSE with GPLv3 code on it - at least for any patents covering those bits of code (I can imagine Samba w/ it's impending GPLv3 conversion wiping out plenty, if there are any).
Second, MSFT is rather stuck - While I don't know all the agreement details, I'm willing to bet that it will likely have the effect of cutting the legs out from under a lot of anti-competitive initiatives that MSFT might try. Hoveispan isn't exactly a stupid man.
Besides - as long as it doesn't compromise FOSS and the GPL any? Why not at least attempt to embrace the Beast, extend the Beast, then extinguish the Beast? It'd be one Hell of an ironic way to shove MSFT into obscurity.
Quo usque tandem abutere, Nimbus, patientia nostra?
The summary includes a slam (or two, depending on how you count) against Novell.
I have to say that despite my initial skepticism back when they bought it, I have come to believe that Novell has done a far better job throughout every part of their stewardship of the UNIX copyrights than anyone would have expected. Remember that when they acquired it the lawsuit over BSD was still ongoing... and the first thing that Novell said about it was that they would rather compete in the market than in court. Lawsuits have momentum, so it took a while to wind down, but the final settlement was remarkably positive: CSRG had to remove a token - three files - and Novell agreed not to sue anyone using the resulting code base.
I also had the opportunity to use UNIXware from Novell, and it was a solid release of System V... far better than SCO's awful version.
After their vigorous and aggressive response to SCO's actions, I think they deserve better than this.
"Ah," says St. Peter, "you're right. That was the screensaver."
There, fixed it for you.
Ubuntu is an African word meaning 'I can't configure Debian'
Oh come on! There's the Microsoft-shilling-ISO problem to report on yet, Groklaw is in the thick of that! Don't forget who funded the SCO attack, Microsoft are not yet defeated, that was just one maneuvre. Meaning there's the end-game of Microsoft's patent FUD attack on GNU+Linux to report, might even be a court case in it too.
I think the site is well established, too many people like PJ's pithy analysis for Groklaw to disappear. Although I doubt your post was serious, it's still worth pointing out all the things the site could do in the weeks, months and years to come. :)
I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
So Novell tried to offer something that they felt would distinguish their product from others
But if Linux does NOT violate Microsoft's patents
Yeah, that's doing "the right thing" for "their customers".
That seems contradictory to me. Why sign a deal with Microsoft if there isn't any violation?
Why not simply state that Novell offers "indemnification" for any and all violations of their products? Because Novell believes Linux is clean and Free. No deal needed with Microsoft.
And if Novell is so noble, why did they immediately start pushing their "protection" as something NEEDED by Linux users and ONLY available from Novell?
1) Yeah, and someone will reverse engineer windows and call it something like Winws (Winws Is Not Windows, Stupid), and release it under the GPLv3, and new software will be written for it in GPLv3, and it will run in real Windows too, and then Microsoft will pay. 2) What? 3) If Microsoft has enough money to survive the melting Xbox360 debacle, I hardly think it will be anytime soon that Microsoft is shoved into obscurity. I mean, hell, they survived Windows ME, and I'm sure they'll survive Vista. Personally, I think there's just as much FUD out there about MS as there is about Linux. Oh, right. I'm on slashdot. Die, microsoft!
They can report on all the cases involving the RIAA.
now we need to go OSS in diesel cars
Umm... Did I miss something? Novell stopped supporting Netware?
I guess those field-test patches that I downloaded from them yesterday didn't really exist.
From your post, it is obvious that you are apparently confused. Netware is STILL a supported product, STILL has a thriving support community, and is STILL a viable choice for a server OS.
sorry for feeding the troll...
Of course there's no Unix in Linux. Everyone knows there's Microsoft Windows in Linux instead. It must be true, Microsoft said so.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
A real Microsoft joke punchline should go:
"Ah," says St. Peter, "you're right. That was..." 0x0000001E, KMODE_EXCEPTION_NOT_HANDLED
Copyright isn't a problem; Novell are distributing Linux themselves under the GPL, which is all the licence anyone needs. Patents might be another matter... but if that particular balloon ever goes up then the American software industry will self-destruct in quarrelling over who infringed who. Not sure anyone wants to start that off.
Real Daleks don't climb stairs - they level the building.
Best punchline revision ever :D
~REZ~ #43301. Who'd fake being me anyway?
Man, you are so uninformed it's sickening.
Your 100 PC example is just what I've done. New company, never used Novell in my life before for anything.
Now it's ALL novell running on Linux / OES, ZenWorks for PC management, Groupwise for email, OES for file, print, eDirectory, and kerberos everywhere.
OES rocks the socks of every other Linux enterprise distro.
NDS not around ? Are you smoking the crackpipe ? It's now called eDirectory and is at the core of every service.
As a Linux old hand, I really appreciate the reliablity, simplicity and great services Novell have brought to the table, running on Linux.
They understand 'integration', single sign on, security and that everything should work well together (linux, Apple and Windows). And it does...
File and print ?? iPrint and NCP ported from netware running on OES rocks. I mean rocks.
The stuff you get in OES is astounding.. all the Linux goodies plus loads of novell stuff :
eDirectory, iFolder, Novell Clustering, iPrint, and good integration with M$. Like it or hate it, that IS necessary in corporate IT.
I've bet the ship on Novell, plumping for their Open Workgroup Suite (Great VFM, includes Groupwise, ZenWorks, OES and a load more) and I'm not looking back...
Their support rocks, their products generally rock stable, and a hell of a user community.
Screw Redhat, VmWare, et al, Novell are the ones to watch, they've got it ALL sorted, and their Linux integration is TIGHT.
And finally a plug for SLED10... what a Linux desktop ! Amazing. Everything needed in corporate world for desktop user without the heartache of configuring the shit out of it for weeks to get something close.
SLES 10... makes redhat 5 look like a donkey. In much the same way as SLES9.3 made RHEL4 look like a relic. Configuring sendmail by hand ? Give me a break. Yast rocks the shit out of every other Linux admin tool.
So before spouting about netware is dead, consider what netware was.. a NOS (network operating system) nothing more. A basic OS akin to DOS. That you ran services on top of.
All those wonderful services have now moved to Linux in a coherent, integerated, amazing way.
And this is coming from someone with lots of experience in build IT infrastructure. Tried the Apple OS/X server route... incomplete, unstable and shit. Ease of use yes. Reliabilty shit.
All you OSS mouthpieces who chastise them should be very FUCKING grateful for what they did to SCO.
Long live novell.
Alanp
on a slightly more serious note...
I take it you have not heard of reactos
maybe you should take a look
www.tdobson.net #### Dare to Dream #### blog.tdobson.net
In spite of Groklaw's "diversification," SCO was and is PJ's bread and butter.
SCO is the steaming turd-covered ax that killed Santa Claus. Other companies might sow more evil in this world than SCO has, but SCO is second to none at blackening its own reputation through sheer malicious, arrogant fraud. Nothing beats disparaging and ultimately claiming the work of others, especially when those others are admired volunteers whose work is considered world-class and is given away free-of-charge. SCO's was a classic betrayal, a spectacular public back-stabbing of sorts. Other companies do this, but not to a transparent community consisting of multiple millions of enthusiasts and volunteers who have a deep sense of ownership and pride. At least normal evil companies stick to plausible-sounding and white-washed evil; SCO picked the outrageous variety of twisted evil that doesn't fool anyone.
So there is a huge attraction to the SCO case. People have a lot of interest in this legal spectacle, watching SCO languish. There is real emotion associated with SCO, and Groklaw feeds off of this.
When SCO goes away, only PJ's core disciples will remain stalwart. Groklaw will continue, but the readership will decline. Few geeks really care about the details of these other cases, no matter how important they may prove to be (or how well PJ postures them). There just isn't the same level of emotion associated with other litigation.