Who Should Buy SuSE Linux?

In the early days of companies based around open source, the questions were: would they make any money? Would they survive? Once it was clear that they not only could survive, but also make money quite nicely, the next question became: what happens when they become successful enough to get bought by traditional software companies?

On Open Enterprise blog.

Why Time is Patently on Open Source's Side

So far, I've held off from writing about the proposed sale of 882 Novell patents to a consortium “organised by Microsoft”, since there have been so many twists and turns - first it was on, then off - that making sensible statements about the likely impact on free software was well-nigh impossible. As is so often the case, the devil would clearly be in the details.

On Open Enterprise blog.

Open Invention Network in the Spotlight

Back in September, Mozilla made an announcement:

This week Mozilla joined Open Invention Network as a licensee. OIN is an organization which helps protect the Linux ecosystem by building a variety of defenses against patent attacks. These defenses include both traditional mechanisms, like defensive patent pools, and more innovative approaches, like the Linux Defenders project, which uses a variety of methods to proactively prevent the publication of particularly egregious patents. As a licensee, we’ll have access to OIN resources in case we’re threatened by operating entities with patents, and over time we’ll likely become more involved in providing our own ideas and resources to OIN projects.

On Open Enterprise blog.

What's New about the Novell deal?

The announcement that Attachmate would acquire Novell for $2.2 billion has naturally provoked a flurry of comments and analyses in the free software world. But it's important to pick apart the news to find out what is truly new – and to distinguish between what this changes, and what remains the same.

On The H Open.

Why Patents are Like Black Holes

When a big enough star dies, it generally implodes, and forms a voracious black hole capable of swallowing anything that comes too close. When a big enough company dies, all that remains is a bunch of patents that can have a similarly negative effect on companies whose business models are too close.

He's Mike Masnick's commentary on the area:

It looks like just about all that's left of former telco equipment giant Nortel is a whole bunch of patents, that are now expected to sell for somewhere in the range of $1.1 billion. The big question, of course, is who ends up with those patents, and what they do with them. Generally speaking, you don't see companies spend $1.1 billion on a bunch of patents, unless they're planning something big. It's entirely possible someone will buy them for defensive purposes, but equally likely that they're used to sue lots of other companies (or, perhaps by the likes of Intellectual Ventures, to scare people into paying up to avoid the possibility of being sued).

And of course, in the field of open source, the really worrying dying star is Novell, as Matt Asay points out:

As reported, as many as 20 organizations have registered bids for Novell, most (or all) of them private equity firms. While an Oracle or a Cisco might acquire Novell for its maintenance streams and product portfolio, it's unclear that private equity firms will have the same motivation. For at least some of these, there will be serious pressure to sell Novell's assets to the highest bidder, regardless of the consequences to Novell's existing customers or to the wider industry.

This wouldn't be so bad if it weren't for the fact that Novell has a treasure trove of patents, with at least 450 patents related to networking, office productivity applications, identity management, and more.

Worth noting is that among those patents are some relating to Unix...

These cases show yet again why patents just don't do what they are supposed to - encourage innovation - but act as very serious threats to other companies that *are* innovating. As more and more of these software stars die, so the number of patent black holes will increase, and with them the unworkability of the patent system. Time to reboot that particular universe...

Follow me @glynmoody on Twitter or identi.ca.

Is Microsoft About to Declare Patent War on Linux?

Microsoft's comments on happenings outside its immediate product portfolio are rare, and all the more valuable when they do appear. Here's one from Horacio Gutierrez, “Corporate Vice President and Deputy General Counsel”, entitled “Apple v. HTC: A Step Along the Path of Addressing IP Rights in Smartphones.”

On Open Enterprise blog.

SCO What?

I'm struck by the almost unanimous chorus of indifference that has greeted the news that a court has reversed one part of an ealier ruling regarding who owns the Unix copyright:

For the foregoing reasons, we AFFIRM the district court’s judgment with regards to the royalties due Novell under the 2003 Sun-SCO Agreement, but REVERSE the district court’s entry of summary judgment on (1) the ownership of the UNIX and UnixWare copyrights; (2) SCO’s claim seeking specific performance; (3) the scope of Novell’s rights under Section 4.16 of the APA; (4) the application of the covenant of good faith and fair dealing to Novell’s rights under Section 4.16 of the APA. On these issues, we REMAND for trial.

As well as Groklaw, others that are distinctly unimpressed are Steven J. Vaughan-Nichols, Roy Schestowitz and Eric Bangemann.

And me to that list: SCO still has everything to prove, and very little money to prove it with. And even if it *did* prove anything, all it would gain would be the right to be ground into very fine particles of dust by IBM's legal department....

Do We Need an Apps Store for GNU/Linux?

Everyone's doing it, so Novell wants to join in:

Novell plans to bring the wealth of open-source software to everyday users through an "open-source apps store".

The vast amount of free software available to open-source users has long been one of the major benefits of switching to a Linux distro such as Ubuntu, or openSUSE. The problem has always been in explaining this to customers reared on a Windows diet.

However, with the growing popularity of Linux on netbooks and the public's familiarity with apps stores on smartphones, Novell believes offering an "open-source apps store" could
solve this problem for vendors. The fruits of this strategy are set to appear in the openSUSE edition of the Moblin OS.

Er, haven't we had an "apps store for GNU/Linux" for ages? Things like Synaptic and KPackage? Do we really need anything more?

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Free Software or Open Source? You Choose

“Free software” or “open source”? It's a perennial question that has provoked a thousand flame wars. Normally, the factions supporting each label and its assocated theoretical baggage manage to work alongside each other for the collective good with only a minimal amount of friction. But occasionally, the sparks begin to fly, and tempers rise. I think we're in for another bout of this particular fever.

On Open Enterprise blog.

Novell's Faustian Pact

There is something rather curious about software companies operating in the open source world. Although they may be competitors in a particular sector, the open source licence they employ means that they are also partners: they can generally use the code of other companies if they wish. The stronger those companies become, the more code they produce, and the more code there is available to everyone – including their nominal rivals. This makes the commercial ecosystem that evolves around free software strangely collegiate: everyone has a vested interest in growing the code base, because it is a commons that all can and do draw on....

On Open Enterprise blog.

Could it Get Even BECTA?

News that an open source company has become an accredited IT services supplier for schools and colleges across the UK broke on Monday. As has been widely noted, this is an important step forward for free software, albeit a rather belated one....

On Open Enterprise blog.

In Praise of Journalistic Scum

On Open Enterprise blog.

The Power of the Boycott

One of the surprising things about the Internet is the power of public opinion. Time and again, things have happened - or rather, been made to happen - because enough people have become indignant about it online.

That fact lends some hope to the following idea:

Anti virus developer Trend Micro accused Barracuda Networks of patent infringement but what they really did was attacking the users of ClamAV free anti virus software with a bogus patent. As a first reaction we feel disgusted about what Trend Micro did: stabbing free software with a knife right in the heart. A company should operate between borders of a certain ethical environment. When a company exceeds the borders of decency - as Trend Micro did by attacking computer users and free software developers - it has become a pariah and should be punished.

You can help by starting to get rid of Trend Micro software in your organization

Will it catch on? Will it have any effect? We shall see? (Via Boycott Novell.)

Novell's One Big Thing

On Open Enterprise blog.

SCO Zombie May Take a Few More Steps

The SCO saga may stagger on awhile:

SCO has gotten a $16 million bid from York Capital for its Unix business. Coupled with the $10 million line of credit York is ready to provide, it's money enough to keep SCO's litigation against Novell and IBM going and to underwrite its budding mobile interests, the company says. SCO's lawyers will be filing papers related to the bid this afternoon with the bankruptcy court in Delaware.

...

The deal SCO has cut with York would reportedly leave SCO with ownership of the litigation and what is being called the "core IP," apparently any IP necessary to the lawsuits. York, a $12 billion Manhattan firm known to buy small software companies with declining revenues and turn them around, would get a 20% interest in any licenses SCO's litigation produces. Say, if circumstances conspired to allow SCO to restart its hated SCOSource Linux licensing scheme. York would also get the right to license SCO's Unix source code and get control of its contracts with licensees. York is expected to invest in the business, which includes a bunch of sterling accounts, and attempt to grow it.

Haven't people got better things to do with their lives?

Behold: Son of SCO

Well, that nice Mr. Ballmer did warn us, and here it is:

Plaintiffs, IP Innovation L.L.C. and Technology Licensing Corporation (collectively “Plaintiffs”) complain of defendants Red Hat Inc. (“Red Hat”) and Novell Inc. (“Novell”) as follows:

1. This is a claim for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code.

Of course, this is replete with ironies.

First, "IP Innovation" - as in, zero innovation. These are patent trolls, and the patent - which looks like basic windowing technology - is both obvious and probably covered by prior art.

Secondly, poor old Novell: they probably thought they were immune to this kind of thing. But their deal with Microsoft says nothing about not getting sued by trolls. Or rather, trolls with interesting connections to Microsoft:

So in July one Microsoft executive arrives [at IP Innovation]; then as of October 1, there is the second, a patent guy. October 9, IP Innovation, a subsidiary, sues Red Hat. And Novell. So much for being Microsoft's little buddy.

The good news is that this is all too late: even in the US, a modicum of sanity is returning to patents as the US Supreme Court begins to rein in some of the excesses that have spawned in the last decade. The other good news is that Microsoft will come out of this looking bad, again. However much they huff and puff, the clear link back to them shows them not only to be underhand, but cowards, too.

Is Silverlight for GNU/Linux Moonshine?

Hm, don't know what to think about this:

Over the last few months we've been working to enable Silverlight support on Linux, and today we are announcing a formal partnership with Novell to provide a great Silverlight implementation for Linux. Microsoft will be delivering Silverlight Media Codecs for Linux, and Novell will be building a 100% compatible Silverlight runtime implementation called "Moonlight".

Moonlight will run on all Linux distributions, and support FireFox, Konqueror, and Opera browsers. Moonlight will support both the JavaScript programming model available in Silverlight 1.0, as well as the full .NET programming model we will enable in Silverlight 1.1.

I suppose it depends on how open the specification is - and whether it's just OOXML by any other name....

Anyone any thoughts?

SCO KO'd, Novell Renewed

Well, we all knew it would happen, and, finally, it has:

Judge Dale Kimball has issued a 102-page ruling [PDF] on the numerous summary judgment motions in SCO v. Novell. Here it is as text. Here is what matters most:

[T]he court concludes that Novell is the owner of the UNIX and UnixWare Copyrights.

That's Aaaaall, Folks! The court also ruled that "SCO is obligated to recognize Novell's waiver of SCO's claims against IBM and Sequent". That's the ball game. There are a couple of loose ends, but the big picture is, SCO lost. Oh, and it owes Novell a lot of money from the Microsoft and Sun licenses.

But there's another interesting aspect to this: SCO lost, and Novell won:

But we must say thank you to Novell and especially to its legal team for the incredible work they have done. I know it's not technically over and there will be more to slog through, but they won what matters most, and it's been a plum pleasin' pleasure watching you work. The entire FOSS community thanks you for your skill and all the hard work and thanks go to Novell for being willing to see this through.

As I've written elsewhere, we really can't let Novell fail, whatever silliness it gets up to with Microsoft: it is simply too important for these kinds of historical reasons.

Update: Here's some nice analysis of the implications.

Lenovo Today, Tomorrow the World

A small step, but one of an increasing number towards wider availability of open source on the desktop/laptop:

Lenovo and Novell today announced an agreement to provide preloaded Linux* on Lenovo ThinkPad notebook PCs and to provide support from Lenovo for the operating system. The companies will offer SUSE Linux Enterprise Desktop 10 from Novell to commercial customers on Lenovo notebooks including those in the popular ThinkPad T Series, a class of notebooks aimed at typical business users, beginning in the fourth quarter of 2007. The ThinkPad notebooks with the Linux-preload will also be available for purchase by individual customers.

No Xmas Cards for Xandros

Well, it looks like the world of free software can cross another company off its Christmas card list:

Microsoft and Linux distributor Xandros announced on Monday a technical and legal collaboration, the latest step in the software giant's ongoing program to partner with open-source companies.

Over the next five years, the two companies said, they will work on improving interoperability between their servers to improve systems management.

The pact calls for Microsoft to provide patent covenants for Xandros customers that ensure they are not infringing on Microsoft's intellectual property, according to the companies.

Er, didn't another company recently do something similar? With rather negative consequences...?