11.10.06
MS / Novell - Boycott Novell
Novell is the new SCO, and must be made to suffer the same fate.
OK, remember that Novell has made claims that they own the IP that SCO says is in Linux, which submarines SCO’s case- but not Novell’s, so it is not inconceivable that Novell now makes SCO’s move and asks for royalties on Linux, but with an actual case, perhaps.
Ask Mr. Ballmer what he means by: “If a customer says, ‘Look, do we have liability for the use of your patented work?’ Essentially, If you’re using non-SUSE Linux, then I’d say the answer is yes,”.
Then, read Section 7 of the GPL:
If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all.
For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
Some have said this is not a patent cross-license agreement, technically, but this is how it is described in the SEC filing:
Under the Patent Cooperation Agreement, Microsoft commits to a covenant not to assert its patents against Novell’s end-user customers for their use of Novell products and services for which Novell receives revenue directly or indirectly from such customers, with certain exceptions, while Novell commits to a covenant not to assert its patents against Microsoft’s end-user customers for their use of Microsoft products and services for which Microsoft receives revenue directly or indirectly from such customers, with certain exceptions.
So, you now have a choice- be a paying licensee of Novell Linux or be exposed to potential litigation, how does this differ from SCOSource? There is also a new review of the MS Patent promise and its effects on FOSS development, stating that it essentially limits redistribution and therefore violates the GPL.
The way to communicate with a corporation is economically. It is unacceptable behavior on Novell’s part to legitimize and participate in MS FUD campaign, and to violate the very license that allows them to distribute the community’s work in the first place. I say let the big MS lump payment be their severance from the community. Now, this is the beauty of the GPL: No hard feelings Novell, Fork You! We don’t need them, we have the source.
Boycott Novell.
If you want more information, checkout PJ at Groklaw.net, she is always incredibly thorough in her research.