Topic: Novel climbs into bed with Microsoft

[Nemesis]

Link to full article

The stunning news that Microsoft will partner with Novell to support SuSe Linux as an alternative deployment platform to Windows — and that they announce it on the cusp of the arrival of Windows Vista! — is one of the most intriguing events in IT in some time.

Link to 2nd article

It's possible that Thursday's deal between Microsoft and Novell could conflict with a provision in the General Public License (GPL), according to Eben Moglen, the attorney for the Free Software Foundation that created and oversees the Linux license.

"If you make an agreement which requires you to pay a royalty to anybody for the right to distribute GPL software, you may not distribute it under the GPL," Moglen told CNET News.com Thursday. Section 7 of the GPL "requires that you have, and pass along to everybody, the right to distribute software freely and without additional permission."

There is a lot more out there on the topic.  Groklaw has some discussion on the topic. 

How many companies that Micorosft has "partnered" with have come out of the deal intact?  It has always seemed to me that Microsoft mates and kills.

[762_XC]

Not the first time. Remember NDS for NT?

[Sarek]

Apple seems to have done ok since partnering with the Evil Empire.   I can see this as being good for Novell but a threat to Linux.  Remember what MS tried to do to Java.

[Nemesis]

Not the first time. Remember NDS for NT?

Not really.  Just the impression that Microsoft did their usual twist things to hurt your "partner" routine.

Apple seems to have done ok since partnering with the Evil Empire.   I can see this as being good for Novell but a threat to Linux.  Remember what MS tried to do to Java.

I see it as hurting Novell more than Linux. 

The SCO Group vs IBM (and related cases) have pretty much eliminated the way unsupportted FUD can be used against Linux.  Here it is more than 3 years into that case and nothing of substance has come out.  Nearly 2/3s of the claims tossed out for being too vague and the rest awaiting summary judgement¹ right now. 

I call the MS patents in Linux and other open source FUD for 2 reasons:

1/ Nothing specific.  No here is patent X and here is where program Y violates it just a vague claim that Microsoft needs to be paid or you risk being sued (which is how the SCO vs IBM etc cases began).

2/ Anti-trust.  There is basically no way for Microsoft to enforce any hypothetical patents without using them to kill Linux - the only competition that they have been admitting too having in court and pushing in their SEC filings as competition.

¹ - There is the possibility that the judge will grant all the motions without review.  Why?  Because The SCO Group instead of filing their opposition to the judgement on time filed a document titled to make it look like IBM had agreed to a delay and appended an IBM lawyers signature to it instead of the opposition document.  If you read it carefully it was a request for that delay being made at the time the documents opposing IBMs summary judgement requests were due.  If the judge rejects the request for more time then the documents are over due and she could just take it that SCO has no legall objections to the summary judgement and rule in IBMs favour. 

[Nemesis]

The quote below is from a SEC filing by Novell.

Microsoft will make an upfront payment to Novell of $240 million for SLES subscription “certificates,” which Microsoft may use, resell or otherwise distribute over the term of the agreement, allowing the certificate holder to redeem single or multi-year subscriptions for SLES support from Novell (entitling the certificate holder to upgrades, updates and technical support).

To me this looks like Microsoft is distributing SuSE Linux. If  they are then by doing so they are bound by the GPL. 

I wonder if Microsoft has ever distributed a single copy of Linux.  If they did say to an outside firm doing testing for them then they are already so bound.

Part  of the GPL is that if you distribute a product under the GPL you extend to all subsequent copies of that software and derivitives all your rights of distribution save changing the license.  Specifically you authorize the use of any and all patents applicable to that software.