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May 27th, 2007

Novell document dump makes it look like a scandal

Posted by Dana Blankenhorn @ 8:54 am

Categories: FOSS, GPL, Legal, Linux, Linux Desktop OS, Linux Server OS, Microsoft, Patents

Tags: Novell Inc., Document, SCO Group Inc., Microsoft Corp., Dana Blankenhorn

In Focus » See more posts on: Microsoft Novell

document dump from La Shawn Barber’s blogThe Washington game of dumping incriminating documents late on a Friday is well-known. When someone does it, suspicions are raised. (Image from the blog of La Shawn Barber.)

Now Novell has done just that with its Friday night document dump on the Microsoft agreement. Just to make us even more suspicious, the dump isn’t complete. Tons of (presumably good) stuff is “redacted.”

Our own Mary Jo Foley notes that, among other things, the documents reveal Microsoft will cease to distribute SUSE Linux “get out of court free” cards once the GPL v3 is approved with restrictions against agreements like this.

Groklaw reports that, as suspected, the SCOSource fiasco may have just been a dress rehearsal for the legal battle to come. The idea of a “right to use” something you already have was lifted directly from SCO.

Somehow, I don’t think playing the same games the Nixon and Bush Administrations made famous is going to bring Novell a lot of love from the open source community.

The question is, what can we do about it, given that Microsoft has far-deeper pockets than SCO did and has the mistakes made by SCO to play off of? This is not a PR battle, but a legal one. And the other side has more guns than we do.

Happy Memorial Day.

Dana BlankenhornDana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983. You can follow Dana on Twitter. See his full profile and disclosure of his industry affiliations.

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  • Talkback
  • Most Recent of 107 Talkback(s)
Foil Hat Brinksmanship 101
Think of patent litigation as an analogue to nuclear arms.

The strategy works like this. You've got a few nukes in your arsenal, but you find that the other side has a lot more. And since you'r... (Read the rest)
Posted by: dave.leigh@... Posted on: 05/30/07 You are currently: a Guest | | Terms of Use
I guess the free lunch is coming to an end  code_Warrior | 05/27/07
It works both ways....  bportlock | 05/27/07
Who from OSS is going to pay?  ye | 05/27/07
OSS is *not* a single company....  bportlock | 05/28/07
Or they can go after RedHat who lacks money...  ye | 05/28/07
Redhat...  bportlock | 05/28/07
RIM had a very good case and look where that got them.  ye | 05/28/07
Re; Ye - it works both ways  bportlock | 05/28/07
Which Microsoft "zealots" would you be referring to?  ye | 05/28/07
Re: ye  bportlock | 05/29/07
"MS would pay for any patents they infringe on"  Ole Man | 05/29/07
Yes, strawman.  ye | 05/29/07
And what if they do "go after RedHat"?  Ole Man | 05/29/07
"verify their status.." er, mate where you been?  alewisa | 05/29/07
no one pays  rob@... | 05/30/07
If by "OSS" you mean "Microsoft", that's true.  dave.leigh@... | 05/27/07
how could Microsoft infringe on something thats "open to everyone" (NT)  SO.CAL Guy | 05/29/07
A license is an agreement  Ole Man | 05/29/07
It's "open to everyone" IF....  dave.leigh@... | 05/29/07
"impetus for patent system reform"  Ole Man | 05/29/07
Foil Hat Brinksmanship 101  dave.leigh@... | 05/30/07
We all benifit from the past works of the great ones that came before us.  DonnieBoy | 05/27/07
Let me get this straight.  odubtaig | 05/27/07
Add to that.....  linux for me | 05/28/07
Unfortunately it's not quite that easy.  odubtaig | 05/28/07
Ok, please, FOR THE LOVE OF GOD, name just one patenent that Linux  DonnieBoy | 05/28/07
What you on about?  odubtaig | 05/29/07
Not true  NetArch. | 05/30/07
who wrote FOSS code?  Hrothgar - PCLinuxOS User | 05/28/07
No teeth.  gotitright | 05/28/07
"This is not a PR battle, but a legal one"  Ole Man | 05/29/07
so, what you're really saying is...  rob@... | 05/30/07
Clarification from Novell  blowry@... | 05/27/07
Still, any way you slice it, your deal with Microsoft STINKS, and it was a  DonnieBoy | 05/27/07
There remains enormous suspicion...  DanaBlankenhornZDNet Moderator | 05/27/07
How do you know they're bogus?  ye | 05/27/07
Why does everyone list is backward?  TripleII | 05/27/07
I never claimed the patents valid. That's your strawman.  ye | 05/27/07
?  TripleII | 05/27/07
Yes, making things up.  ye | 05/27/07
Pick one Ye, can't have cake and eat it too  TripleII | 05/27/07
Tripell , his/her view is biased .  Intellihence | 05/28/07
Yes, I can have it both ways.  ye | 05/28/07
What you call biased I call reality.  ye | 05/28/07
Many , many moons ago ,,,  Intellihence | 05/28/07
Please provide support for you assertion.  ye | 05/28/07
Impossible!  Ole Man | 05/29/07
How do we know they aren't BOGUS ?  Intellihence | 05/28/07
I don't. There's a real possibility they're not. But...  ye | 05/28/07
To clarify...  ye | 05/28/07
I'm not going to be nearly as abrasive as Donnie but...  odubtaig | 05/27/07
Noble sentiments toward Novelle  Ole Man | 05/29/07
Do you actually think?  Ole Man | 05/29/07
Here is where Microsofts cash will NOT help them, but maybe only get them  DonnieBoy | 05/27/07
The only question of significance...  Anton Philidor | 05/27/07
The claim is unproven  DanaBlankenhornZDNet Moderator | 05/27/07
I don't think he's posting specifically about that.  odubtaig | 05/27/07
Yes.  Anton Philidor | 05/27/07
Still a non-issue though.  odubtaig | 05/28/07
Microsoft already has a deal with Sun.  Anton Philidor | 05/28/07
...and this agreement covers what again?  odubtaig | 05/29/07
The hunt for specifics  dave.leigh@... | 05/28/07
Using your analysis  Ole Man | 05/29/07
~!@#$%^&*  code_Warrior | 05/28/07
Even Microsoft insists that patent holders need to come to them if they  DonnieBoy | 05/28/07
There's nothing anyone can do.  bportlock | 05/28/07
You do know that agreements have been and are being signed?  Anton Philidor | 05/28/07
Do you Anton?  jacarter3 | 05/29/07
Yes... Specific agreements  Anton Philidor | 05/29/07
Sorry, this is a claim by MS  jacarter3 | 05/29/07
"There's nothing anyone can do"  Ole Man | 05/29/07
Did you know  Freebird54 | 05/29/07
And, let MS name say just 5 patents that are infringed if they have  DonnieBoy | 05/28/07
Only fools are positive  D. T. Schmitz | 05/27/07
Correct, with a slight rephrasing...  jacarter3 | 05/29/07
No more significant  Ole Man | 05/29/07
Microsoft is at risk  pjotr123 | 05/27/07
Unless Ron Hovsepian steps up to the plate  D. T. Schmitz | 05/27/07
"And the other side has more guns than we do."  TripleII | 05/27/07
Funny thing.  odubtaig | 05/27/07
Run that by me again...  D. T. Schmitz | 05/27/07
typo  D. T. Schmitz | 05/27/07
Corrective Action to Redact  D. T. Schmitz | 05/27/07
Enhance Your Vocabulary  D. T. Schmitz | 05/27/07
Leaderships wins the day  jerryleecooper | 05/28/07
********  nikostheater | 05/28/07
7/10  odubtaig | 05/28/07
Yes, probably just a Mike Cox type, but I would give him a 5.  DonnieBoy | 05/28/07
Dunno, he now has three fish happy NT  odubtaig | 05/29/07
I thought the airplane accident was particularly apt (NT)  John L. Ries | 05/28/07
Corruption in open source development? Seems that the process is completely  DonnieBoy | 05/28/07
you are cluess, does not mean that the concerned players are ignorant  zzz1234567890 | 05/28/07
So...  odubtaig | 05/28/07
But, how would MS react if somebody started demaning money, but refused to  DonnieBoy | 05/28/07
excellent post  zzz1234567890 | 05/28/07
His post was GARBABE, and probably not meant to be serious. Tell us, how  DonnieBoy | 05/28/07
Kudos to you!  Ole Man | 05/29/07
Somethings smoking and it isn't a crater  gotitright | 05/28/07
Oops mean't to be in response to "Leaderships wins the day"  gotitright | 05/28/07
Yes, everybody knows  Ole Man | 05/29/07
A new Mike Cox wannabe! happy  jacarter3 | 05/29/07
Might make a good (questionable) novel  Ole Man | 05/29/07
Death by a Thousand Cuts  BarbieLee | 05/29/07
YOU'RE PARANOID  BALTHOR | 05/29/07
The practice  Freebird54 | 05/29/07
Go Off Shore  stomfi@... | 05/29/07
Deeper pockets just makes counter suite profitable.  rtb | 05/30/07

What do you think?

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