Feeds

Is your software free, open or litigated?

The MS/Linux patent wars begin . . .

Reducing the cost and complexity of web vulnerability management

In 2003 Microsoft hired IBM attorney Marshall Phelps to build up Redmond's patent portfolio. Phelps had overseen the growth of IBM's IP licensing operation from nothing into a multi-billion dollar business.

"You don't just get patents for the sake of getting patents," Phelps said a month before taking the job. F/OSS advocates duly took note - and began to perform a sweeping review of potentially infringing code in the Linux kernel.

Under the Microsoft-Novell deal, Novell agrees to recognize Microsoft's intellectual property claims. Novell in returns receives a "Covenant Not To Sue".

This is something that Free Software developers have been fastidiously careful not to do - and this insistence formed the basis of the FSF's successful arguments in the European Courts. Free software supporters argued that the techniques were prior art - (the patent is invalid) - or reverse engineered without reference to the original (the patent doesn't apply). Microsoft had argued that F/OSS developers could, and should, license its MCPP protocols. GNU supporters argued that they couldn't. Novell has succeeded in driving a wedge in the movement where previous attempts have failed.

Redmond can now return the the European Commission and point out that Linux can co-exist with Microsoft IP quite happily - it's only those cranks and communists who disagree. And even more importantly, Microsoft can argue that a major Linux company has implicitly recognized its IP claims.

Microsoft wanted this agreement so badly it's agreed to pay an unspecified sum to Novell for the Covenant. This might strike you as odd - and you'd be right. Companies that license intellectual property do so in the expectation that they receive a royalty, rather than dish one out. But the downstream benefits to Redmond are enormous. Novell has handed it a priceless legal filip, and as it begins to collect royalties from other businesses that use Linux, it'll doubtless see it as a worthwhile down payment.

There's much debate today on whether Microsoft violates Section 7. Novell, who may well have been poorly briefed by insisting they entered into a "Covenant" rather than a patent licensing arrangement, clearly disagree.

Today Novell boasts the following quote from Steve Ballmer to underline the deal:

Done deal? The Microsoft Novell partnership needs to clear the GPL

It's something we didn't think would have been possible, either. Or at least not without the decision by the massed ranks of the attorneys responsible for keeping vigilance over free and open source software to detach their brains for a week. (Perhaps they were otherwise occupied - in Sadville.

It's put pay to the view that Microsoft's patent threat would remain a phoney war, with IBM's potential threat of massive retaliation helping keep an uneasy peace. But IBM has been nowhere to be found. And the FSF's General Counsel Eben Moglen hasn't helped the cause by permitting this thought bubble to escape, and be recorded by a VNU reporter:

"Maybe it will turn out that [Novell and Microsoft] have cleared the barrier by a millimetre," mused Eben.

Oh, dear.

The patent wars have begun. ®

Security for virtualized datacentres

More from The Register

next story
'Windows 9' LEAK: Microsoft's playing catchup with Linux
Multiple desktops and live tiles in restored Start button star in new vids
Not appy with your Chromebook? Well now it can run Android apps
Google offers beta of tricky OS-inside-OS tech
New 'Cosmos' browser surfs the net by TXT alone
No data plan? No WiFi? No worries ... except sluggish download speed
SUSE Linux owner Attachmate gobbled by Micro Focus for $2.3bn
Merger will lead to mainframe and COBOL powerhouse
iOS 8 release: WebGL now runs everywhere. Hurrah for 3D graphics!
HTML 5's pretty neat ... when your browser supports it
Greater dev access to iOS 8 will put us AT RISK from HACKERS
Knocking holes in Apple's walled garden could backfire, says securo-chap
NHS grows a NoSQL backbone and rips out its Oracle Spine
Open source? In the government? Ha ha! What, wait ...?
Google extends app refund window to two hours
You now have 120 minutes to finish that game instead of 15
Intel: Hey, enterprises, drop everything and DO HADOOP
Big Data analytics projected to run on more servers than any other app
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.