Novell attacks MS Linux claim
p2pnet.net News:- According to Microsoft’s Steve Ballmer, Linux contains patented Microsoft code, causing major outrage with not only Linux proponents, but also with Novell, Microsoft’s new partner, with whom it recently agreed a patent cross licensing and technical deal.
“In a question-and-answer session after his keynote speech at the Professional Association for SQL Server (PASS) conference in Seattle, Ballmer said Microsoft was motivated to sign a deal with SUSE Linux distributor Novell earlier this month because Linux ‘uses our intellectual property’ and Microsoft wanted to ‘get the appropriate economic return for our shareholders from our innovation’,” says Linux World.
“The Nov. 2 deal involves an agreement by Novell and Microsoft to boost the interoperability of their competing software products. It also calls for Microsoft to pay Novell US$440 million for coupons entitling users to a year’s worth of maintenance and support on SUSE Linux to its customers. In addition, Microsoft agreed to recommend SUSE software for Windows users looking to use Linux as well.”
But in an open letter, “We disagree with the recent statements made by Microsoft on the topic of Linux and patents. Importantly, our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property,” declares Novell. “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.”
And Ballmer’s comments are just more FUD [fear, uncertainty and doubt], Linux World has Groklaw.net’s Pamela Jones saying, also challenging Ballmer to “put his money where his mouth is” and detail exactly what part of the Linux kernel source code allegedly infringes upon Microsoft patents, so that “folks will strip out the code and work around it or prove his patent invalid”.
In its open letter, “We have stated our commitment to use our own software patents to protect open source technologies,” states Novell.
“We have spoken out against EU legislation that would liberalize the standards for granting software patents. We offer indemnification to our Linux customers accused of intellectual property infringement. We have teamed with the United States Patent and Trademark Office and other industry leaders to reduce the issuance of ‘bad patents’ in the software area.
“In 2005, we co-founded Open Invention Network (’OIN’), ‘an intellectual property company that was formed to promote Linux by using patents to create a collaborative environment.” Novell’s substantial contributions to OIN were made to benefit not only ourselves, but also other Linux vendors, distributors and developers, and anyone else willing to commit not to assert their patents against Linux. more +
“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.”
Meanwhile, because the Microsoft / Novell agreement, “stinks to high heaven,” to see Linux flourish, let alone survive after the five year deal expires, “I suggest we make an alternative five year deal with Microsoft,” says Nicholas Petreley. “In this case, our part of the deal is to spend the next five minutes, months, or years migrating away from every shred of Novell/SUSE software in our home, office, or enterprise.”
Also See:
new partner – Microsoft / Novell deal ’stinks’, November 10, 2006
Linux World – Ballmer: Linux users owe Microsoft, November 17, 2006
open letter – Open Letter to the Community from Novell, November 20, 2006
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