- Is Microsoft preparing us to move beyond Vista?
- Why Google wanted to lose wireless spectrum auction
- iPhone shortage fuels rumors of imminent 3G phone
- XP for cheap PCs: a second crack in the wall
- Darts into data: Leveraging random action to competitive advantage
- Most iPhone buyers are existing Apple customers
- AT&T's so-called open network principles
- Mono dev tool offered
- ActiveState upgrades IDE
- Serena plans SaaS products
November 09, 2006 | Comments: (0)
Microsoft/Novell deal violates GPL?
Microsoft and Novell have described their recent partnership as a historic effort to "bridge the divide" between open source and proprietary software. But is it legal?
According to Eben Moglen of the Software Freedom Law Center, the deal between the two companies would not be compatible with the terms of the forthcoming GPL (GNU General Pubic License) version 3, and it might not be compatible with the current version.
All versions of the GPL require that anyone who distributes GPL-licensed software must grant the recipient all the rights offered under the GPL. Included in those rights is the right to redistribute the software. But if the patent license Microsoft has granted to Novell customers only extends to Novell customers, then Novell customers cannot redistribute the software freely. According to Moglen, this may violate the terms of the license.
As it turns out, this possibility was not lost on Novell, either. In a press release issued Tuesday, Novell made its case for compatibility with the open source license.
"Many people want to know whether this agreement is compatible with Novell's obligations under the GPL, especially section 7," Novell's general counsel is quoted as saying. "This was an important consideration for us as well. Under the patent cooperation agreement, Novell's customers receive directly from Microsoft a covenant not to sue. Novell does not receive a patent license or covenant not to sue from Microsoft, and we have not agreed with Microsoft to any condition that would contradict the conditions of the GPL. Our agreement does not affect the freedom that Novell or anyone else in the open source community, including developers, has under the GPL and does not impose any condition that would contradict the conditions of the GPL. Therefore, the agreement is fully compliant with the GPL."
Got that? Well, if it's not all that clear to you, you're not alone. Moglen isn't convinced either.
Thankfully, however, he'll get his chance to study the matter. Vnunet.com reports that Moglen has been granted permission to conduct a confidential audit to determine whether the Novell/Microsoft partnership is compatible with the GPL, version 2. He says he's open to the possibility that Novell has pulled it off, but adds, "They will not clear GPL3 by a millimeter."
Linus Torvalds has said in the past that the Linux kernel itself will not be moving to GPL3 when it is finalized, but a Linux distribution includes lots of other software besides the kernel. If GPL3 licensed code is inherently incompatible with an arrangement like Novell's, the Suse Linux distribution could be on shaky legal ground as open source projects begin to take up the new license.
Do you think Novell's partnership with Microsoft is in keeping with the spirit of open source? Are you more likely to choose Suse Linux now that it has the nod of support from Microsoft, or less? Talk back to us, below.
Posted by Neil McAllister on November 9, 2006 06:17 PM
RATE THIS ARTICLE:
-

- COMMENTS
The moves by both Oracle and MS are transparent attempts to undermine Red Hat and Linux in general, which they see a the biggest threat to their business model. There is nothing in either of these developments for the enterprise user or the developer community. As an IT department head for a multi-national financial services company I can not even consider trusting my support to Oracle with little Red Hat expertise or MS given their history of poor product quality/security and even worse support. This simply confirms our decision to adopt Red Hat Linux initially.
Posted by: James at November 9, 2006 10:41 PMI feel that it will be great for Microsoft to get its fingers inside Suse. I've been thinking about making the switch to Suse Linux for some time now as I've been dual booting that with XP. Windows Vista has kind of let me down and in my opinion I think it will be great to see these two work together. I still enjoy the window suite and other windows software and if this is easily accessible on a linux machine then I'm all for it. None the less your going to have people who disagree with this for the mere fact that they are anti-microsoft / die hard GNU supporters. It will be interesting to see what happens :D
Posted by: Branden at November 10, 2006 02:00 AMI do not want to get caught up in religion and politics, I'm trying to deploy business critical applications, not fight a jihad. What are my alternatives to this mess - should I look to go back to Windows? Is Solaris a better bet? Why doesn't InfoWorld give me some recommendations, because this is no longer a stable environment.
Posted by: Robert Valencia at November 10, 2006 02:23 PMWasn't the purpose of using Linux to get away from Microsoft and their products?
Posted by: RickDeckard at November 10, 2006 02:50 PMThis is a step in the wrong direction. There is no question about that.
-Mark H
10 years ago the FSF said "How far can free software go? There are no limits, except when laws such as the patent system prohibit free software entirely. The ultimate goal is to provide free software to do all of the jobs computer users want to do--and thus make proprietary software obsolete."
So here we are 10 years later and I would have a hard time really replacing Windows with Linux. I'd call that a resounding failure for the premise of the FSF.
The FSF's Kantian philosophy is that programmers exist to provide the universe with free software... because its their job to do so... because its a social obligation. And those who do not, perform a disservice to society. Gee, when will there be a Free Plumbing Foundation, or a Free Ivory Tower Academic Lawyer Professor Foundation?
Guess what, it is NOT a social obligation to create new and innovative ways to hear music, view porno, or scribble on MySpace. It may be an obligation to give these things to the needy, but to create an even LESS expensive nifty toy for tweens to blow their time on? Come on.
By the same Kantian directive, we should ourselves do what is best for society in all respects, not just innovation: if we have a deadly transmittable disease we should wander off and die. If we need expensive surgery so we are not in excruciating back pain, we should instead buy food for the many needy people. We should undertake all manner of self destructive acts because we are nothing compared with society. This might be OK if I wanted to be a worker bee, or a segment in the butt end of a tape worm.
The FSF ignores the fact that a society is composed of its members, Moores law means a basic computer costs 80% less in real terms than it did when the FSF was created - even though that computer is COMPLETELY PROPRIETARY, that proprietary technologies like CD-BURNING have dropped in price by a factor of 95% during the same period - again, with the evil patents still in force.
The OSS community often squanders its talents and energy when multitudes of inventive people - personalities who by their very nature cannot agree on anything, or which form cliques and snobbish enclaves - create 700 ways to do the same thing. How many ways does one need to parse XML? There must be 200 different XML parsers all claiming to be best thing since sliced bread. For the love of God, Linux could be speaking in sentances if it were not for this diffusive, wasteful effect. Is it not also in the "best interest of society" to make EFFICIENT use of its talented / creative people?
Kant was a twit. And the FSF's inability to address its own dubious philosophical foundations places it in the twit column too. And be clear on this point, like the lilies of the field, Eben Moglen neither reaps nor sows, yet he is taken care of. He would not be so adamant if there were a "Free College Professor Foundation" that forced College professors to work for nothing except the fame and glory. I would value the FSF a lot more if its core of it took the vow of poverty and lived on straw mats - as they would have innovative people do - all to benefit mankind.
I will be switching away from SUSE. Getting into this Novell/Microsoft mess just looks too dangerous, as we don't have a large legal department to fight the big guys.
SUSE was a nice distribution, I'm sorry that Novell broke it.
Posted by: Frank at November 12, 2006 03:47 PMPeople,
I am surprised that no one remembers what happened some years ago when Corel announced that they where going to port their Office Suite: Perfect Office, into Linux.
Do anyone remembers that, little time after this announcement, M$ dealt with Corel about a (capitalization) of 100 millions dollars, and the Perfect Office for Linux project just vanished immediately afterwards?
This is just the same tactic, M$ will nullify the Novel's efforts to bring Linux into the Desktop. M$ is buying time and bringing their perceived strong enemies as close as they can, with only one purpose in mind: stab them on the back as soon they get comfortable.
Mark my words: M$ is implementing their plan to nullify Suse desktop. Additionally, this will contribute to divide the Linux community as part of the process to enforce M$'s purposes.
From the mouth of Sauron (!):
https://www.microsoft.com/interop/msnovellcollab/community.mspx
From Novell (the unsuspecting ring-bearers...3 for the Elven kings, 7 for the Dwarf lords, 9 for mortal men doomed to die):
http://www.novell.com/linux/microsoft/openletter.html
Clearly, Microsoft and Novell are cooperating with respect to OpenSuse. This may be a positive relationship, but the fact it exists, and my complete distrust of Microsoft, no longer makes OpenSuse or commercial Suse, a viable alternative for me to ever use.
Microsoft has brutal business tactics. They throw their financial weight around by buying competition. Sad that people actually bought Microsoft operating systems and believed they were the only game in town. Sad that people still believe this. Fortunately, I know better, and do everything I can to educate people about this company, their deplorable products, and business/advertising tactics.
Posted by: Paul at November 20, 2006 10:07 AMi thought novell was commeted with Free software community to fight patents.
well suse/sled is a no-no for me and my org. Redhat and ubuntu are going to be the dominant powers in the market.
Novell has to make itself very clear to the community where it is heading with this. Everyone knows how MS can crush its patners by entering into an agreement with them. Novell has to stop this before it hurts linux and FSF in general.
Hey Novell -
This was stupid, stupid, stupid.
I've ben working with operating systems since before the CP/M days and have seen some really stupid things but this takes the cake.
What were you thinking? You have grossly underestimated the ability of the FOSS communities to 'grok' what 'free' as in freedom means.
Selling out to the slave masters or becoming one yourself does not endear you to free people.
I appreciate your defense of free software in the SCO case and I used to recommend SuSE, but I can't now.
Too bad. What a waste.
-----------
The Price of Freedom:
Constant Alertness
Constant Willingness to Fight Back.
There is no other price.
-- L. Ron Hubbard
TOP STORIES
ADDITIONAL RESOURCES

- Do you have the power to resolve technical issues with one call?
- Take control of your content- leverage Microsoft SharePoint
- Keeping the E-Mail Flowing

- How Does Your IT Help Desk Measure Up?
- Best Practices for the Service Desk
- Discover How to Provide Anytime, Anywhere IT Support





