I wrote this soon after the whole MS/Novell deal. I still agree with most of this so I am just going to publish it.
Who believes that Microsoft is really playing nice with Linux? I sure don't. The deal a few weeks ago between Novell and Microsoft proves it. Actually the fallout from the deal has illuminated the point.
So Novell and Microsoft agree not to sue each others customers for purchasing software that may contain unlicensed uses of the other's patents. Along with this covenant, money is changing hands. Microsoft gives Novell some money and Novell give Microsoft some money. What is this money for?
There are many explanations. On the surface it sounded like it was for cooperative marketing each party would do for the other. Then the topic of patent infringing code in Linux comes up and people say, "Oh! That money must be for licensing fees." Novell is paying for patent licensing for Linux (the money Microsoft is paying Novell can be argued that is it for the licensing of Novell patents in Windows). Novell insists they know of no infringing code in its Linux products while Mircosoft says it it there but will not say where. They agree to disagree. With Novell's claim why would they pay Microsoft for licenses they do not need. This does not make sense to me.
There is also this little thing about the possible violation of the GPL (the license that most Linux software uses). Microsoft promises to not sue people how get SUSE Linux based products from Novell. They also agree to not sue non-commercial users and developers of any Linux. What about businesses that get Linux from other sources? It is most likely the same exact code the Novell's Linux has since everyone is a consumer of the upstream community projects (the kernel, glibc, GNOME, KDE, etc.). They apparently can be sued.
Lets put these two points together. Linux may or may not have patent violating code in it and a small set of people are indemnified by Microsoft for these possible violations. This ambiguity makes people cringe. The major stumbling block for Linux to make it in the OS market was the fear of getting sued for using it if there are patent violations. Now companies are still afraid of using Linux because of the confusion of this deal.
Microsoft wants to show that it acknowledges a competitor and that they will cooperate to allow interoperability. I think they have identified the company, Novell, that they want to survive. Then they will systematically drive other Linux companies out of business with the threat of lawsuits while at the same time controlling the one save Linux company, Novell, so that Linux will never really compete.
The Linux community has spoken and it is obvious that they feel the same. The SUSE/NOVELL boycotts, the Samba team's request that Novell retract the deal, the personal announcement of a long time SUSE employee leaving because of this deal, and all the other community blogs have shown that no one is buying that Microsoft is playing nice with Linux. There are indications that version 3 of the GPL will turn this deal one it head. It will explicitly make the indemnification on one user apply to all users and all the major Linux projects will opt for the new version of the license as is their right. If the deal was about patent licensing, Novell will have paid Microsoft for nothing and magically Microsoft can't sue any Linux user/developer for violating is patents. They could of course retract the deal which would show their true colors.
Way to go Novell. Thanks for nothing.
Who believes that Microsoft is really playing nice with Linux? I sure don't. The deal a few weeks ago between Novell and Microsoft proves it. Actually the fallout from the deal has illuminated the point.
So Novell and Microsoft agree not to sue each others customers for purchasing software that may contain unlicensed uses of the other's patents. Along with this covenant, money is changing hands. Microsoft gives Novell some money and Novell give Microsoft some money. What is this money for?
There are many explanations. On the surface it sounded like it was for cooperative marketing each party would do for the other. Then the topic of patent infringing code in Linux comes up and people say, "Oh! That money must be for licensing fees." Novell is paying for patent licensing for Linux (the money Microsoft is paying Novell can be argued that is it for the licensing of Novell patents in Windows). Novell insists they know of no infringing code in its Linux products while Mircosoft says it it there but will not say where. They agree to disagree. With Novell's claim why would they pay Microsoft for licenses they do not need. This does not make sense to me.
There is also this little thing about the possible violation of the GPL (the license that most Linux software uses). Microsoft promises to not sue people how get SUSE Linux based products from Novell. They also agree to not sue non-commercial users and developers of any Linux. What about businesses that get Linux from other sources? It is most likely the same exact code the Novell's Linux has since everyone is a consumer of the upstream community projects (the kernel, glibc, GNOME, KDE, etc.). They apparently can be sued.
Lets put these two points together. Linux may or may not have patent violating code in it and a small set of people are indemnified by Microsoft for these possible violations. This ambiguity makes people cringe. The major stumbling block for Linux to make it in the OS market was the fear of getting sued for using it if there are patent violations. Now companies are still afraid of using Linux because of the confusion of this deal.
Microsoft wants to show that it acknowledges a competitor and that they will cooperate to allow interoperability. I think they have identified the company, Novell, that they want to survive. Then they will systematically drive other Linux companies out of business with the threat of lawsuits while at the same time controlling the one save Linux company, Novell, so that Linux will never really compete.
The Linux community has spoken and it is obvious that they feel the same. The SUSE/NOVELL boycotts, the Samba team's request that Novell retract the deal, the personal announcement of a long time SUSE employee leaving because of this deal, and all the other community blogs have shown that no one is buying that Microsoft is playing nice with Linux. There are indications that version 3 of the GPL will turn this deal one it head. It will explicitly make the indemnification on one user apply to all users and all the major Linux projects will opt for the new version of the license as is their right. If the deal was about patent licensing, Novell will have paid Microsoft for nothing and magically Microsoft can't sue any Linux user/developer for violating is patents. They could of course retract the deal which would show their true colors.
Way to go Novell. Thanks for nothing.
