Novell Heading On A Collision Course With Linux?
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When Microsoft and Novell entered into a joint partnership towards the end of last year, it was almost like Microsoft was saying to the Linux community ‘got you.’ After Novell posted their filing with the SEC it came to light that Microsoft had paid $180 million big ones to Novell. The folks over at the open source community have been scrambling for months to come up with a new GPL that would prohibit such dealings in the future and may terminate Novells future involvement with Linux. Of course this is subject to change and very well could.
What could happen is that Microsoft could stop endorsing Novell Suse. What also could happen is that Microsoft could also ask for a refund since Novell could no longer hold up its end of the bargain. Which could in turn create further hardships for Novell. But that isn’t the full extent of what could happen. This could open the door for Microsoft to pursue patent litigation. Which Microsoft could then use to look at the innards of Linux itself.
Sound far fetched? Maybe not. How else could Microsoft attack a product that is given freely to the masses? You can’t buy it. You can’t stop it. Your only left with two options. Bad mouth it which they have done. Or try to smash it.
But this brings up more and more questions. If you try to go after Linux for patent infringements, and knowing that the Supreme Court may have a different opinion than you, you may end up shooting yourself in the foot. If you go after Linux users, some who are Microsoft customers, you could end shooting yourself in the other foot. The Linux Foundation now has the attitude that if you take one of us on you’re taking us all on. ![]()
As I have stated before, this is going to be very interesting to see how this turns out. Microsoft may be facing a no-win, no-win situation and may just have to back off. Just maybe.
Comments welcome.
Tags: microsoft, novell, patent, technology, product, attack

3 Comments
Tim Hodkinson
May 30th, 2007
at 10:55am
I think the patent law with regards to software is going to be either changed or reinterpreted by the courts to the point that it makes software patents almost meaningless except in a few, very special cases. The amount of revenue and resources lost in the software industry by software patenting is exactly the opposite effect of what patents are intended to do: encourage innovation and industry by allowing people to profit from their innovations. Currently, software patents are just a way to use the courts to extort money by threatening costly, but baseless, lawsuits. It’s blackmail.
marc klink
May 30th, 2007
at 11:07am
They [MS] are simply reverting to “The jobs not done, ’til Novell won’t run.” A long-standing feud, with immense enmity, may be coming to an end.
Ron Schenone
May 30th, 2007
at 11:43am
Hi Tim,
It should be interesting in the next few years to see how the courts interrupt software patents.
Hello Marc,
I like that. Funny.
Ron