Novell, Microsoft, and far too many coincidences in the Linux desktop patent suit
Thinking more about all those darned coincidences in the IP Innovation lawsuit launched against Red Hat and Novell recently over the Linux desktop, I decided to list them out:
- One or more former Microsoft licensing execs join Acacia or one or its companies;
- Ballmer makes his most recent statement regarding Red Hat;
- Almost the same day, Red Hat (and presumbably Novell) receive notice of the alleged infringement from IP Innovation (Acacia);
- Before either company has a chance to consider the letter and respond, IP Innovation files its lawsuit in Texas;
- Novell changes all of its IP indemnification the same day (which it has named "Technology Assurance Program" as contrasted with Red Hat's Open Source Assurance Program Novell apparently isn't interested in assuring open source, just technology ;-);
- Novell's new program notes a change in the Microsoft/Novell deal that covers GPLv3 code distributed by Novell for downstream recipients.
Hmm....I forget sometimes who is on which team, but it certainly seems like two sides have been conspiring on this, and I don't mean IP Innovation and Microsoft (which is almost a given).
I guess it's just a question of how much Faust thought it would get from the deal. At least in the book Dr. Faust traded for knowledge, not a few points of market share.
Then again, maybe the coincidences don't add up. But where there's Microsoft these days, Novell often seems to follow. In this case, Novell, it really isn't worth it. There are too many people at Novell who still have a clue and will do the right thing, given the chance. I'm just hoping that they're given the chance.
Matt Asay brings a decade of in-the-trenches open-source business and legal experience to The Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure. You can follow Matt on Twitter @mjasay. 
Thanks.
Like Many people in the FOSS community, I was disappointed with some aspects of the Novell - Microsoft deal. However, Microsoft and Novell are competing FAR more than they are cooperating through this deal. For example, the Microsoft reps to the Novell deal have stated publicly on an mp3 linked on the Groklaw site that they do everything that they can to avoid joint deals with customers interested in using GNU Linux. Instead, it was really apparent from that mp3 that the Microsoft team is actually split into two camps: one camp that does nothing but try to talk the customer out of using GNU Linux; and the second team that coordinates with Novell. Microsoft brings on the second team only after the first team has failed. The Novell people didn't say the same thing, but the Novell team did say that they compete fiercely against Microsoft.
To summarize, only Nixon could go to China.
There are few companies that have as long and antagonistic relationships as do these two companies. The mere fact that they have agreed to cooperate in very limited fashion no more means that they "support" each other than it does that Nixon, who rose to prominence as a result of the red-baiting McCarthy era, became a communist when visited China.
Yes, it's true, there are aspects of the Novell deal that are sub-optimal for Free Software. Yes, Novell has made other mistakes in regard to Mono and Moonlight. No, Novell is not to be confused with Saint IGNUtius, Richard Stallman's comical alter ego, at least with regard to Novell's approach to Free Software. We, the FOSS community need to continue to pressure our friend, Novell, to emphasize freedom over lockdown, and to have the courage to take a few hits on quarterly earnings targets to see the longer picture.
But IMHO, Novell is not Microsoft, and the Novell - Microsoft deal is a sub-optimal attempt by a group of dedicated FOSS hackers and business people (Novell employees) who are VERY passionate about both freedom AND staying in business. There is a tension between those two goals, and no company will always get it right, not Red Hat, not Canonical and not Novell. Novell has made mistakes, but they are not our enemy. In fact, these war metaphors are tiring. Microsoft is a vicious, lying, deceitful, anti-competitive monopolist which poses a real threat to digital freedom. But even they are not using guns to accomplish their questionable aims, and so, ultimately, our hatred of Microsoft is causing us to turn against each other. Keeping Novell honest and scrutinizing their work is a good thing; but putting them in the same class as Microsoft is misguided.
To find the mpe to which I was referring please google (yahoo, search) this string, and follow Pamela Jones link to a 1.5 hour panel discussion of the Novell - Microsoft negotiators. These two companies are fierce competitors. After all, Microsoft nearly killed Novell by using Windows to all but replace Netware, and Novell has not forgotten that. Nor is Microsoft complacent about the threat that Novell's contribution to FOSS. If we must use war metaphors, this deal between Microsoft and Novell is a ceasefire, not an armistice.
slashdot groklaw guts Novell Microsoft deal