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DATE | 2006-11-21 |
FROM | Ruben Safir
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SUBJECT | Re: [NYLXS - HANGOUT] Sun and the GPL
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http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9005258&intsrc=hm_list
Eric Lai Today’s Top Stories or Other Linux Stories
November 21, 2006 (Computerworld) -- Novell Inc. on Monday distanced itself from comments last week by Microsoft Corp. CEO Steve Ballmer that the Linux operating system infringes on Microsoft patents, although the two companies said that their recently-unveiled alliance remains intact.
"We disagree with the recent statements made by Microsoft on the topic of Linux and patents," Novell CEO Ron Hovsepian wrote in an open letter posted on Novell's site. "Importantly, our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property. To claim otherwise is to further sow fear, uncertainty and doubt, and does not offer a fair basis for competition."
A once-bitter rival of Microsoft and creator of the SUSE Linux distribution that competes with Windows, Novell signed an agreement with Microsoft on Nov. 2 in which both companies pledged to make their software work together better, help each other with sales and marketing and protect their corporate customers against possible patent lawsuits.
Microsoft also released a statement, saying that it "respects Novell's point of view on the patent issue, even while we respectfully take a different view. Novell is absolutely right in stating that it did not admit or acknowledge any patent problems as part of entering into the patent collaboration agreement. At Microsoft, we undertook our own analysis of our patent portfolio and concluded that it was necessary and important to create a patent covenant for customers of these products."
When the Nov. 2 pact was announced, Microsoft executives declined to say whether they felt the Linux OS includes Microsoft intellectual property or otherwise infringes on its patents.
But in a question-and-answer session at a database conference in Seattle on Thursday, Ballmer openly asserted that "Linux uses our intellectual property" and users of the open-source operating system face "an undisclosed balance-sheet liability" as a result.
The comments appeared to confirm the suspicions of open-source community members, many of whom criticized the Novell-Microsoft tie-up, arguing that the deal violates the General Public License (GPL) version 2 under which Linux is licensed, and gives Microsoft ammunition in case it chooses to press its patent claims.
On Mon, 2006-11-20 at 02:38 -0500, Ruben Safir wrote: > http://www.marketwatch.com/news/story/universal-music-sues-myspace-copyright/story.aspx?guid=%7B996022C6-18CF-436B-B075-1B1394195555%7D&siteId= > > On Mon, 2006-11-20 at 00:39 -0500, Ruben Safir wrote: > > On Sat, 2006-11-18 at 01:48 -0500, rc wrote: > > > > "The war is over. Linux won." > > > > > > But... Microsoft 0wnz Linux according to Ballmer ...d'oh! > > > > > > http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9005171&source=NLT_AM&nlid=1 > > > > > > > > > I want to see Balmer actually sue IBM, the FSF and Red Hat for use of > > their "property". I'm just so sick of junk like this and they can > > scratch my rear. I'd like to see him send me a bill personally. In > > fact that should be the next NYLXS campaign to get every human being > > possible who runs Free Software to beg Microsoft to send them a bill for > > their use of Microsoft technology monopolies in Free Software and then > > we can send them all the Attorney Generals office as business fraud and > > start a whopping class action suit. Its time for some of of those ill > > gotten Microsoft dollars to float back to the victims of their illegal > > activities and this seems like a helva better way to accomplish this > > than the governments antimonpoly suit. > > > > I have one question. If this jackle in MS colors is so sure of himself, > > then why is it that Novell gets more money out of this deal than MS and > > there is ***NO*** specific admission by Novell of any trespass by any > > Free Software of any Microsoft legal rights with regard to dubious > > copyright or non-existant patents. > > > > I smell a big pay day here for everyone who ever used Free Software and > > Balmer might have finally walked into the trap lying for him for many > > years. > > > > We can get the ball rolling and fast. Lets just spread this message > > around and see what can stick. > > > > Ruben
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