Novell worries that GPL 3 could foil Microsoft pact

Novell is concerned that Microsoft could stop selling Suse Linux coupons if the third version of the General Public License remains in its current form.

Its worries were aired on Friday in the delayed regulatory filing of its annual report for the fiscal year ended October 31, 2006.

The 144-page document posted to the U.S. Securities and Exchange Commission Web site contained redacted versions of Novell's business, patent and technology agreements with Microsoft, which it signed in November 2006.

While much of what was officially released is known, Novell did express concerns that the final draft of GPL 3, which slipped past its March 2007 deadline, could see Microsoft halting the distribution of Suse Linux, having a financial impact on Novell.

"If the final version of GPLv3 contains terms or conditions that interfere with our agreement with Microsoft or our ability to distribute GPLv3 code, Microsoft may cease to distribute Suse Linux coupons in order to avoid the extension of its patent covenants to a broader range of GPLv3 software recipients," Novell stated in the document.

Another worry is that Novell may be restricted in its ability to include GPLv3 code in its products.

Novell admits in the statement that if its fears become reality, its business and operating results will be adversely affected.

According to the statement, certain software programs are not covered in the Microsoft-Novell pact, opening the door for Microsoft to pursue patent litigation. The programs named include OpenOffice.org, StarOffice, Wine and Open-Xchange.

Scott McKenzie of ZDNet Australia reported from Sydney.

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44 comments (Page 1 of 1)
This shouldn't be a surprise
by jeromatron May 29, 2007 8:09 AM PDT
The writers of the GPL said they were going to include language to forbid such deals right when the deal went public. This shouldn't be a surprise. If it is, then they are trying for some kind of public sympathy or something. I'm not trying to be cynical, but Novell and Microsoft's lawyers intentionally tried to find a loophole in the GPL version 2. They shouldn't have thought that with the GPL version 3 being written, something wouldn't have happened. Now they just have to face the consequences, plain and simple. I don't think it will be Armageddon or anything, but likely, the deal will have to change or dissolve somehow. With several pieces of linux likely going to version 3, like Samba and the GCC, Novell will have to do something. It will take some maneuvering to save face with their customers though.
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It goes like this
by Atari05 May 29, 2007 9:51 AM PDT
lets say in some crazy alternate universe the GPL3 states "that any work using GPLv3 cannot be bundled with anything from GPLv2". Then, the flavor app of the month(year...etc) comes out and you want to include it in your distro. Well its hard to do when all other apps in your distro are using GPLv2. So thats how an update to GPL3 could effect v2 apps and business. I dunno, I semi supported the MS novell deal even if behind the paper they want each other dead. However, as soon as Balmer opened his mouth and other from camp "Money"Soft opened their mouths....well..my opinion has changed. This deal was meant to give higher ups that warm fuzzy feeling, however it has turned into the MSFUD most said it would and novell looks like the little kid asking for its lunch money back.
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How much are the "ring" side seats...
by Commander_Spock May 29, 2007 10:28 AM PDT
... going to be dudes; the Tiger (Mac) and the 800lb Gorilla (OS/2) might just want to have the best seats on the WINDOWS/LINUX "fight" nights. Start the fight REF.... ROFL!
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Dumb Enough To Go In Blind Without a Cane
by `WarpKat May 29, 2007 10:39 AM PDT
To Novell: You should have thought about this thoroughly before you entered into the 'covenant' with MS. Considering how MS has acted in the past with other technologies and companies, it comes as no surprise that if the GPL 3 becomes real with the wording you so fear, your business will become affected - all thanks to your premature thinking of the future - software patents will die, not flourish. Let's not forget what Ballmer said during the press conference surrounding your deal. You DID manage to see the horns after everything was signed, right? MS can't even list the patents that Linux and other open source projects allegedly violate because they don't have the resources to do so, however, they had the resources to go and investigate this and state how MANY were violated. Total, unmolested BS. While I believe SuSE Linux is a fantastic product due to its ease of use, ease of install and ease of maintenance, minus a few personal quirks, I have no sympathy - read it: NONE - for you or the management that walked into this without any foresight as to what would occur - in other words, NO CANE. We all said it. We all knew it. Your stubborn stupidity about it isn't a virtue. This is one time you should have listened more closely to the OSS community - and I'm pretty sure your customers said the same thing, contrary to what you might think. File this under: DEE-DEEDEE!
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WAAAAAA
by MSSlayer May 29, 2007 11:05 AM PDT
Novell brought this on themselves. What they did was get into bed with a *****, and a person can hardly complain about picking up a disease after such bad behavior. It really is a shame since SuSE is the best Linux distro.
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boo hoo
by niceyuk May 29, 2007 1:58 PM PDT
Those clowns at Novell should realise if you make a deal with the devil your bound to get burned.
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you guys are obsessed
by Nizzuts May 29, 2007 3:39 PM PDT
let's see - somehow its bad that Microsoft is supporting Linux - so bad that a faction of OSS developers are pushing to change the licensing terms to prevent Novell's linux customers from buying the distro / support from Microsoft (one less option for OSS customers).

Now, instead of being annoyed with the OSS community or the silliness of it all, you go on about how this is Microsoft's fault and how evil Microsoft is.

Was there some guy in your high school who happened to be wearing a Microsoft t-shirt every time he gave you a wedgie or stole your lunch money?
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Think of GPL 3 as a patch
by t8 May 29, 2007 4:53 PM PDT
Think of GPL3 as a patch to stop the Microsoft/Novell virus from infecting Linux. There needs to be a quick turn around on this, after all Linux prides itself on fixing loopholes and vulnerabilities quicker than other operating systems.
Reply to this comment
It's all crap.
by System Tyrant May 30, 2007 9:33 AM PDT
Personally, I can't wait until the whole darn tech industry crashes and burns taking the copyright and patent systems with it. Instead of companies or individuals focusing on creating technology that really does make our lives better we end up fighting over patents and copyrights. If we all spent as much time "innovating" as we do fighting we'd probably have figured out how to populate Mars by now.
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No sympahty
by Babak Rezai May 31, 2007 12:37 AM PDT
Why dont I feel any sympathy for Novell, if you play with a rattle snake your gonna get bitten, as for infringed Microsoft patents they have yet to produce a list or evidence, just cause they can do some of the same things for the sake of compatibility or ease of use/transition Microsoft has a fit. Just because it looks and works the same doesn't mean the code underneath is the same, therefore its not infringement unless its some thing that is really special. On the other hand I see no benefit for Novell for working with Microsoft, selling coupons for Suse is hardly a business partnership, unless they are doing some kind of collaborative work behind the curtain with code or something which makes one wonder if any GPL code got into MS products by "accident" before or after this deal, and that we will never be able to prove it cause they don't just throw out their code for anyone to review.
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