Nov

22

News: Novell responds to the firestorm

Filed Under Novell, Novell/Microsoft, Open Invention Network, Uncategorized, news | 1 Comment

Novell has issued an open letter to the free software community. Interestingly, the letter claims that Novell is receiving such a large payment from Microsoft because of its patent portfolio. Does someone more knowledgeable than me know if Microsoft might violate Novell’s patents? A key sentence in the letter states, “When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents.” Ron Hovsepian, CEO of Novell, goes on to remind us of Novell’s committment to free software and action it has taken in support of it.

The letter ends with this paragraph:

“In closing, we wish to be extremely clear that Novell is committed to protecting, preserving and promoting freedom for free and open source software. We recognize that the community of open source developers is essential to all our activities in Linux, and we welcome dialog with the community as to how we can continue to work together toward these common goals.”

This is a positive first step. Novell is now on record stating that Linux does not violate Microsoft’s patents. It is good to see a reaffirmation of their commitment to free software. The community loses if we alienate Novell. They have made a mistake, but they may have done us a service. Microsoft has finally come out and publicly threatened free software. A lot more of us are awake to the dangers of the United States’ lousy patent system and hopefully doing something about it.

The Open Invention Network also released a statement regarding the Novell/Microsoft deal. It points out that it is great that Linux is being recognized as the world class operating system that it is. They key paragraph is this:

“Unfortunately, embedded in Microsoft’s recent endorsement of Linux are claims regarding customers’ needing protection from patent attack. Those claims are baseless. In fact, there have been no patent suits against Linux. While patent disputes are not unheard of between and among software developers and distributors, they are almost always resolved between these commercial entities – not by dragging in end-user customers. Isn’t the real issue the fact that Microsoft is making such a threat against its own customers?”

I haven’t seen much made of that threat in everything I have read. It is a good point and one we should be sure to get out there. The Open Invention Blog has a post talking about collaboration and innovation, quite different than Microsoft’s take. IBM has commented that they have never seen any need for patent protection for Linux, and do not see a need for it now. That is good to hear.
2007 will be an interesting year. The SCO debacle may end up looking like small potatoes. Novell really went to bat against SCO, it is too bad that they have damaged themselves by apparently not thinking this deal through, or underestimating the reaction from the community. It is clearer and clearer that software patents are a real problem. We need to take action to effectively deal with them. Signing Bruce Peren’s petition to Novell. What else do you think we can do?

Nov

13

Editorial: Novell and Microsoft’s deal. A Call to Action.

Filed Under Editorial, Linux Distributions, Microsoft, Novell, Novell/Microsoft, Uncategorized | 2 Comments

Novell bit the hand that feeds it. The Novell/Microsoft announcement reminds me of the saying, “Communism is a great concept, on paper”. This deal sounds nice, especially to the uninformed. A kinder, gentler Microsoft had a hard look in the mirror, and using the words of Rodney King said, “Can’t we all just get along?”. They and Novell worked out a way to help Microsoft and Linux to work together. If you can’t beat them, join them. Microsoft loves its customers and recognized that they were using Linux. Why not join Novell and make it easier for their customers to use a competitor?

It was clear what Microsoft’s motivations were. They made a covenant to not sue any developer as long as you are, in their term, a “Non-Compensated Individual Hobbyist Developer”. Thanks! As long as I develop software and do not share it with anyone or receive compensation for it, Microsoft pledges not to sue me. Novell really has helped out the community with this deal! What they are saying is who they may sue, namely, anyone who creates Free Software not using the Microsoft approved channel. The implication is that there are patent violations, but we are left guessing as to what these are. This helps to create fear to companies who may have considered a switch to Linux. It looks to them that they can either run Novell’s Linux or possibly get sued.

If this was truly about partnership and acceptance of Linux, why from day one were lawsuits being discussed? Had this really been about making things easier for Novell and Microsoft’s customers–great. If this was Microsoft accepting Oasis OpenDocument text files, great. I don’t see that coming. Will the partnership solve the problem of running a virtual machine of Linux on Windows? Umm… that has been solved already. All I see as being accomplished is Novell gets some money and Microsoft tries to intimidate the community. Novell gets to portray itself as the safe choice, using FUD against other distributions. Microsoft manages to appear to hurt RedHat. They actually hurt Novell. They killed two birds with one dead bird. It is a hell of a deal for them.

Another discouraging sign was Novell saying they and Microsoft had found a way to circumvent the GPL. They do this by providing patent licenses directly to customers and not between the two companies. Nice. Novell is now looking for ways to circumvent the GPL.

The community was quick to divide on this news. This must have pleased Microsoft immensely. Their new partner gets damaged from the sense of shock and betrayal. People dismiss the legitimate concerns about the agreement as zealotry. Calls go out to boycott Novell, which will only push them further in this negative direction. Novell’s stock price gets a boost. Panic on Linux message boards ensues.

What can we do? We need to get aggressive about changing the patent system in the United States. There is a new look to congress, lets get our message to them. Here are some resources:

Linux has made it. We are going through growing pains. We cannot just sit back and let Free Software get attacked. No one can take on the passion of our community. We will continue to evolve to face these threats. I will end this by quoting Lao Tzu, I think his words sum up our strength.

“All streams flow to the sea
because it is lower than they are.
Humility gives it its power.

If you want to govern the people,
you must place yourself below them.
If you want to lead the people,
you must learn how to follow them.

The Master is above the people,
and no one feels oppressed.
He goes ahead of the people,
and no one feels manipulated.
The whole world is grateful to him.
Because he competes with no one,
no one can compete with him.”

What do you think? Any other ideas? Am I wrong? Please leave a comment and let me know what you think.

Nov

10

Quick Links: Novell-Microsoft Pact, What does it mean?

Filed Under Microsoft, Novell, Novell/Microsoft, Uncategorized, linux, quick links | 1 Comment

I have been banging my head against the wall writing an editorial about the Novell/Microsoft deal. Look for it Monday morning. In the meantime, while this has had no shortage of coverage, I have assembled what I believe to be the best commentary on it. I have read that some people believe the community is overreacting. It isn’t. Here is why:

Bruce Peren’s Take. Bruce does a nice job of boiling the subject down. He makes a lot of sense.

Groklaw’s coverage of Bradley Kuhn’s letter. Bradley Kuhn is the CTO of the Software Freedom Law Center. He clearly sees the covenant for what it is–a sham.

RedHat’s response. I think Redhat came out strongly and they make good points here. More here.

Vnunet’s article about the announcement is interesting in how many times patents are mentioned. Uh-huh.

The Register’s take. Makes sense to me, and is scary.

Novell’s answer to the community. Novell tries to save face and address concerns.

The view from the other side. Miguel de Icaza’a blog post. Miguel is a controversial figure, he is behind Mono and Ximian. He is viewed as a Microsoft fan.

Am I missing something? Email me and I will add it. This is a huge story with big repercussions.
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