In an attempt to clarify just what Microsoft and Novell were thinking on that fateful day when they kissed and made up, both companies today issued statements to "the community." I'm never sure just who this "community" is anymore, but I assume they're geared toward all those who felt a bit cheated by the November Patent Surprise.
It's a very large community, indeed.
Anyway, you can find Novell's letter here, and Microsoft's is here. Interestingly, Novell's letter was prominent on its home page - you couldn't miss it. Microsoft's? You could hardly find it. I guess this says something about the relative importance of said "community" to the respective companies.
Novell's message is earnest, if a bit laughable at times:
Our interest in signing this agreement was to secure interoperability and joint sales agreements, but Microsoft asked that we cooperate on patents as well, and so a patent cooperation agreement was included as a part of the deal. In this agreement, Novell and Microsoft each promise not to sue the other's customers for patent infringement. The intended effect of this agreement was to give our joint customers peace of mind that they have the full support of the other company for their IT activities. Novell has a significant patent portfolio, and in reflection of this fact, the agreement we signed shows the overwhelming balance of payments being from Microsoft to Novell.Um, yes, as I've pointed out, Novell gets most of the money in the patent deal, but they must think people are idiots to buy that it's because their patent portfolio is more significant than Microsoft's. About the only way that argument even gains the slightest bit of credibility is if somehow Microsoft purchased perpetual rights to Novell's Office-related patents.
As for agreeing not to sue each other's customers over patent infringement, this is truly noble of them. But I would have thought they'd gain the most from suing each other over patent infringement, not their customers. There isn't much money in suing customers. Not unless you're a patent troll.
As for Microsoft's message, it was FUD-as-usual:
Microsoft and Novell have agreed to disagree on whether certain open source offerings infringe Microsoft patents and whether certain Microsoft offerings infringe Novell patents. The agreement between our two companies puts in place a workable solution for customers for these issues, without requiring an agreement between our two companies on infringement.In short, yes, Linux is chock-full of our IP, but we agree not to sue any of Novell's customers, but can't wait to sue everyone else (which would be just about everyone on the planet, including Novell's customers, since most enterprises will have different Linux distributions running internally).
Just what does anyone get from this covenant not to sue? Not much. The same customers who run SUSE Linux also run Red Hat, Ubuntu, Debian, etc. Of course, it's these same customers that will drop-kick Microsoft the minute it starts to sue the planet, just as the world shelved SCO when it started suing customers. So, please, Microsoft, the very best thing you could do for Linux and open source is to start asserting your "rights." I can't wait.
I respect that Novell means well by this agreement. It hasn't done well, but it means well. Microsoft? Not so much.
Posted by Matt Asay on November 20, 2006 08:29 PM












