Novell to defend open source software with patents
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Novell is prepared to use its portfolio of US software patents to protect against patent lawsuits the open source software it ships, the company said in statements posted to the Novell.
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Last month, Microsoft's legal department proclaimed it doesn't consider itself bound to the terms of version 3 of the General Public License, with respect to certificates it distributed for software, services, and support from Novell. Today, the Free Software Foundation responded by saying if Microsoft distributes software covered by GPLv3, then it's bound by the terms of that license.
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The Free Software Foundation is  reviewing Novell Inc.'s  right to sell new versions of  Linux operating system software after the open-source community  criticized Novell for teaming up with Microsoft Corp.
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But fresh antitrust suit is in the envelope, says Novell
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Sun plans to provide legal protection from patent-infringement suits to outsiders using or developing the OS--a move to counter Linux.
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SAN JOSE, Calif.--When Sun Microsystems releases Solaris as open-source software, it plans to provide legal protection from patent-infringement suits to outsiders using or developing the operating system--one of several ways Sun hopes to make Solaris more
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Software maker Novell filed a lawsuit late last week, re-igniting a legal feud between itself and rival Microsoft, alleging unfair business practices.
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Microsoft&#39;s aggressive defense of its intellectual property, which includes claims that Linux violates a number of its patents, is nothing more than &quot;a marketing thing,&quot; according to Linus Torvalds, creator of the Linux kernel.
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As it said it would, Novell (NOVL:Nasdaq - news - research) filed a federal lawsuit in Utah alleging that Microsoft (MSFT:Nasdaq - news - research) tried to eliminate competition in the office productivity applications market when Novell owned the
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(InfoWorld) - A controversial update to the GNU GPL (General Public License) is set to be released Friday by the Free Software Foundation, a representative of the organization said on Tuesday. GPL version 3 is arriving 16 years after version 2 of the license for open-source software. Questions remain, however, about who exactly will adopt it. Among improvements is a copyright technology not found anywhere in the world with the goal of providing uniformity in different jurisdictions, said Brett Smith, licensing compliance engineer for the foundation. "There's a lot of copyright laws that talk about distribution, but they don't mean the same thing," in different places, he said. "Now, GPL talks about propagation and conveying," Smith said. With this new provision, the terms are the same everywhere worldwide, he said. Version 3 also works to ensure that users can modify software installed on personal computers or in household devices. If software is conveyed inside a device, users must be given enough information so they can modify the software in the device, Smith said. An explicit patent provision in GPL 3 means people who contribute to free software cannot sue users for patent infringement, Smith said. This was not clear in the GPL previously. "This will make sure it's very clear and works across the board," he said. Microsoft and Novell recently forged an agreement not to sue each other's customers over patent issues. The foundation in version 3 provides what has been described as "patent-insurance" in response to the Microsoft-Novell arrangement. GPL 3 also spells out requirements for license compatibility. In May, the Foundation expressed intentions to iron out incompatibilities with other open-source licenses such as the Apache license. With this provision, users can copy Apache-licensed code into GPL projects, said analyst Stephen O'Grady of RedMonk. "For a variety of folks, that's a big deal," O'Grady said. Whether to actually migrate to GPL 3 is a developer decision, Smith said. At Digium, which produces the Asterisk open-source telephony platform, no decision has been made yet, said Mark Spencer, chairman and CTO of Digium. "There are some complications around the patent terms that place some additional requirements upon the developers and distributors that we need to fully understand in more detail," Spencer said. Patent provisions add uncertainty about being able to distribute software covered by someone else's patent, he said. But GPL 3 has its merits, he noted. "GPL version 3 does clean up a lot of things about the GPL that were sort of implicit in previous and become much more explicit here," such as how the GPL interacts with other licenses, Spencer said. Sun has expressed the possibility of offering its Solaris OS under the GPL 3. The Linux kernel has been offered under the GPL previously. Novell, Microsoft, and the Linux Foundation deferred comment on Tuesday until the actual release of the license. The FSF has published an essay by FSF President Richard Stallman in which he argues for the benefits of GPL version 3. âThe reason to migrate is because of the existing problems which GPLv3 will fix, such as 'tivoization,' DRM, and threats from software patents. Further advantages of GPLv3 include better internationalization, gentler termination, support for BitTorrent, and compatibility with the Apache license," Stallman said in a statement released by the foundation in May. Tivoization, which refers to Tivo's software, is when computer appliances feature GPL-covered code that cannot be changed because the appliance will shut down. Actual impacts of GPL version 3 could take a year or more to gauge, said Doug Levin, CEO of Black Duck Software, which offers a software compliance management platform. "Right now, it appears there will only be a small number of projects that will adopt the license," but that could change, Levin said.
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Microsoft continued its battle against open source on Tuesday with the release of yet another company-funded study showing that developers believe the next version of GPL shouldn't cover patent deals.
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THEREâS open source software (OSS), thereâs what Novell Inc chief technology officer Alan Nugent calls âclosed sourceâ - meaning proprietary â-oftware, and then thereâs Novellâs own âmixed-sourceâ software.
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InfoWorld - Microsoft's aggressive defense of its intellectual property, which includes claims that Linux violates a number of its patents, is nothing more than "a marketing thing," according to Linus Torvalds, creator of the Linux kernel.
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Microsoft is offering protection against patent claims for Office binary formats under its Open Specification Promise.
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Novell filed suit against Microsoft on Friday, claiming the company employed anti-competitive tactics in the desktop software market during the 1990s.
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(InfoWorld) - The Linux faithful might be staring down the barrel of another round of Microsoft's legal taunts, but at last week's Linux Foundation Summit, the reaction was more ho-hum than oh-no. "The reality is that they are not going to sue a single customer," says Jim Zemlin, executive director of the Linux Foundation. "It would not be in their business interest. Microsoft is not going to sue their customers." Zemlin says one fact alone â that most corporate Linux users have a mixed environment with Microsoft software â will protect users from the software giant going after them based on patent infringement. The patent issue has risen to near the top of the Linux Foundation's list with the signing last year of a cross-licensing patent deal between Novell and Microsoft, in which Microsoft promised not to sue Novell Suse Linux users for patent infringement. Several similar deals have followed since with Linux vendors Xandros and Linspire. As part of its charter, the Linux Foundation offers legal-protection services for developers to safeguard the future of Linux. Microsoft claims that Linux violates 235 of its patents, although it has yet to detail what those patents are. Critics contend the issue is meant to create uncertainty among potential corporate Linux adopters. But Zemlin says the contracts are hurting Linux "only in the fact that Microsoft uses them to create a perception of risk that in reality is not there." Many others at the foundation's first-ever summit -- a collection of some of the most influential Linux kernel designers, software developers, and user companies -- took that same position. "Open source is safe for us to use: That is the message that I want to get out there," said Chris DiBona, Google's open source program manager. "I would be shocked if Microsoft didn't have patents that read on Linux," said Mark Radcliffe, a partner at law firm DLA Piper US who advises companies on intellectual property issues. "Will they enforce them is the question. Companies using Linux don't have to fear patent suits." Radcliffe thinks Microsoft is in a difficult position because it probably couldn't avoid spearing its own customers with any legal action. "I think the Microsoft [Novell] deal was a misfire," he says. "I think what Microsoft's actions recognize is that Linux is here to stay. And any competitor will use tools to try and slow it down." Others say that patents have become a real problem for the computer industry. "They are sold to the public as being about supporting innovation, but their impact on industry is a nightmare," says Mark Shuttleworth, the founder of Ubuntu Linux. "They don't help IBM, they don't help Sun, and they don't help Microsoft. But the free software guys are worried about this." So worried, that the Free Software Foundation added to its near-final GNU General Public License (GPL) 3.0 specific language that addresses patent deals that could erode the unique open source qualities of the Linux operating system. The hype has reached such proportions that Dan Frye, vice president of Linux and open technology at IBM and head of its Linux Technology Center, said during a panel session at last week's summit, "everybody, just chill when v3 comes out." GNU GPL 3.0 is slated for final release on June 29. Linux creator Linus Torvalds, who is employed by the Linux Foundation, wrote on the Linux kernel mailing list last week that the Linux kernel may stay under Version 2, which he said is a better license, but that Sun's choice of licensing for open-sourcing Solaris could influence the decision. The Linux kernel is made up of a number of components, developed by various individuals under a number of different open source licenses, which means all those stakeholders would have to agree to switch to Version 3. "People are looking to Linus for that kind of leadership," says Google's DiBona. "I think v3 will be evolutionary, which is what it is supposed to be." Others say the issue of GPL 3.0 license adoption goes much deeper than just patent concerns. "Even if v3 is better than v2, it has to be significantly better to undertake all the pain to change the kernel code [licensing]," said James Bottomley, a kernel developer and CTO of SteelEye Technology, which makes high-availability software for Linux systems. "We are not going to waste six months to change the kernel. This is a pragmatic argument, not a legal one."ADVERTISEMENTIBM Information On Demand 2006Industrial Industry Leaders, please join us at IBM's premier information management global event, IBM Information On Demand 2006, October 15-20, Anaheim, CA. More IBM business and technical solutions content in one place than ever before! Select from  over 800 sessions. Register today!
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(InfoWorld) - Think Novell is sending more money to Microsoft under the vendors' intellectual property agreement than the other way around? Think again, a Novell executive said at the TechEd 2007 conference in Orlando, Fla., on Monday. As part of a multifaceted arrangement forged in November 2006, the two companies agreed not to sue each other's customers over IP issues. Included in this understanding was a series of payments going between the companies pertaining to this matter. It might seem that Microsoft, with its recent complaints about open source and Linux allegedly violating 235 Microsoft patents, would be getting more money from the deal. But that is not the case, said Justin Steinman, director of product marketing for Linux and Open Platform Solutions at Novell. "Actually, Novell gets more money," Steinman said.Â  Even when discounting Microsoft payments to Novell for access to Novell's Suse Linux, Novell still gets more, he said. Steinman attributed the disparity to Microsoft simply having more customers than Novell.Â  "They're paying for coverage for more customers," Steinman said. He said he did know the difference in the amount of money changing hands. Steinman recited the often-repeated mantra that the deal with Microsoft was what customers wanted. They wanted the IP issue to go away and they want Linux interoperability with Windows, he said. Microsoft, in a statement, said the dollar amount of the arrangement will vary. "Both Microsoft and Novell have patent portfolios, and as part of the patent agreement, each is paying the other for access to these patents. There is an upfront payment from Microsoft to Novell," Microsoft said.Â  "Then, Novell will pay Microsoft on an ongoing basis. The total dollar amount depends on how big certain Novell businesses grow over time. It is impossible to say how all payments will net out until Novell's business performance over the next several years is factored in." Microsoft under its agreement with Novell is selling Suse Linux subscriptions certificates to Microsoft customers wanting Linux. Other parts of the agreement have had the companies working to support virtualization of each other's operating systems. They also are aligning on standards-based systems management and directory and identity interoperability. Additionally, the companies are ensuring document formatting compatibility between Microsoft Office and Novell OpenOffice documents. Asked about the Novell-Microsoft agreement, an industry analyst Monday said he did know its financial details. "I don't know what the numbers work out to," said analyst Al Gillen, research vice president at IDC. But he said the contract makes sense in that customers would not want Microsoft suing them over IP issues. "In that context, from a customer's perspective it's good," Gillen said. "I realize the [open source] community dislikes it." Xandros and Microsoft announced a similar arrangement regarding Linux at TechEd on Monday. In other developments at TechEd Monday, Microsoft's Steven Martin, director of product management in the company's Connected Systems Division, stressed Microsoft's prominence in the SOA space. "What we're doing is we're helping customers understand the use of Windows Server, the .Net Framework and BizTalk Server to build service-oriented applications that differentiate the business," Martin said. Microsoft is touting its on-premise software as well as its hosted BizTalk Services platform, which provides for SOA across the Internet, said Martin. While companies such as Sun Microsystems, BEA Systems, and IBM perhaps have been more visible in promoting SOA, Microsoft is a player as well, Martin said. "We've been very active in service orientation going back to 1999, [when] we partnered with IBM to build the Web services specifications (known as WS-*)," Martin said. We haven't latched onto all the buzzwords but weâve been very active in helping customers build service-oriented solutions for many, many years. We were pioneers in this space," said Martin. Microsoft at TechEd also said the Microsoft Desktop Optimization Pack for Software Assurance, or MDOP, will mostly be ready in July. The product set enables better management of Windows desktops. "We're trying to address the deployment and the manageability issues that our customers told us they were having in managing their desktops," said Winni Verhoef, senior product manager for Windows product management at Microsoft. Most components will be generally available in July, including the Windows Vista versions of SoftGrid Application Virtualization, for turning applications into centrally managed services, and Diagnostics and Recovery Toolset, for system repair and data recovery. Also part of MDOP are Advanced Group Policy Management, for change management and versioning, and System Center Desktop Error Monitoring, which identifies the impact, probable cause and resolution for failures in system crashes. Another component, Asset Inventory Service, providing inventory data via a hosted service, will be released in a beta version July 1. General availability is planned for fall. MDOP requires that users be part of the company's Software Assurance program and costs about $10 per desktop per year. A server running Windows Server and A SQL Server database also are needed. A Microsoft official at TechEd also explained the Visual Studio Shell, planned for inclusion in the upcoming Beta 2 of the newly named Visual Studio 2008 development platform. With Visual Studio Shell, Microsoft partners and developers can build versions of Visual Studio customized to specific application areas and bearing partners' brands. Microsoft's previous solution in this area, Visual Studio Premier Partner Edition, did not allow custom branding, said C. Joe Marini, group product manager for Developer Marketing in the company's Visual Studio Integrated Partners group. The shell features base capabilities for developers to build their own tools and lacks Microsoft development languages such as Visual Basic of C#. Enterprise developers also could use the shell. "The whole idea is rather than building your tool IDE, you use ours as a starting point," Marini said. Microsoft benefits in that its Windows and .Net technologies are promoted, Marini said.