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IP Innovation sues Red Hat, Novell for patent infringement

by Darren Murph posted Oct 12th 2007 at 2:42PM

Well, would you look at this. Not even a week after Steve Ballmer insinuated that Red Hat users owe Microsoft money for using its patents, IP Innovation has filed a lawsuit against the firm (along with Novell) in the accurately nicknamed "patent troll magnet state (that'd be Texas)." The firm, which also threw a lawsuit Apple's way earlier this year, is claiming that both entities have infringed on the very same patent. As if that weren't enough, Groklaw's digging found that the plaintiff is actually a subsidiary of Acacia, which just so happened to hire on two prior Microsoft execs in the months leading up to this filing. If you're interested in feeding your desire to conjure up some sensational conspiracy theory even further, feel free to grab your coffee and hit the read link.

[Via Digg, thanks Ziemowit P.]

CE-Oh no he didn't! Part XLI: Sun's James Eagleton says Microsoft guilty of "patent terrorism"

by Joshua Topolsky posted Jul 25th 2007 at 10:16PM

In the most recent round of the Microsoft vs. Linux debate, Sun's systems product manager James Eagleton lobs the latest volley, stating that the Redmond-based software giant's business tactics amount to "patent terrorism," and that the current climate it's created is akin to a "cold war." Eagleton goes on to offer that Sun and even IBM have much fairer approaches to patent protection which don't go against "the spirit of innovation," in the way he claims Microsoft's policies do. If the dubious arrangements Microsoft has agreed upon with Novell and Linspire didn't convince you that something was rotten in the state of Washington, comments like sour-grapes-Eagleton's should at least make you take pause.

[Via The Inquirer]

Microsoft says it's not bound by GPL v3

by Nilay Patel posted Jul 7th 2007 at 8:05AM

It's been a week since version 3 of the GPL was released, and the ripple effect is starting to make some pretty big waves: Microsoft -- which has been essentially selling Novell's SUSE Linux since last year -- released a terse statement today claiming that neither it nor its customers are parties to any terms of the revised license. Furthermore, "to avoid any doubt or legal debate on this issue," Microsoft will decline to support any GPL v3 code that might be distributed with SUSE. Microsoft does have a point: since Linux remains under GPL v2 (and probably will for the foreseeable future), there's very little binding them to the terms of GPL v3 -- specifically, the patent protection terms that would essentially undo the major element of the whole MS / Novell agreement. How the inclusion of GPL v3 code with SUSE affects the overall license is another matter entirely -- one that will result in a lot of legal chest-pounding until the GPL finally gets tested in an American court.

Disclaimer: While the author of this post is a copyright attorney, its contents are not meant to constitute legal advice or analysis.

[Via CNET]

Ubuntu, Red Hat, and Microsoft: not really buddies

by Joshua Topolsky posted Jun 19th 2007 at 10:47PM

If you keep abreast of technology news (and we know you do!) then you've surely been following the latest chapter of the Microsoft vs. Linux struggle, wherein Microsoft gets Novell, Linspire and Xandros to put pen to paper on shadowy and vaguely suspicious agreements concerning "interoperability" and "indemnification", more than likely stemming from the 235 undisclosed patents Redmond claims Linux infringes upon. While some have bent to the will of Ballmer and Co., Red Hat and Canonical (makers of Ubuntu) are holding their ground. Red Hat says it will not pay "innovation tax" to Microsoft, while Canonical's Mark Shuttleworth more poetically describes the aforementioned deals as, "Trinkets in exchange for air kisses." As far as we can tell, that's the kind of talk that immediately precedes a bar brawl.

[Via Digg]

Dell joins the Microsoft-Novell alliance, hopes for Windows / Linux harmony

by Darren Murph posted May 7th 2007 at 12:20PM

The adoration for Linux that has been flowing from Round Rock of late is both refreshing and curious, and Dell has just taken its respect for the open-source OS to another level by signing on with Microsoft and Novell. While Linux users have long griped (and protested) about Microsoft, it's been no secret that Michael Dell has a thing for Ubuntu, and now it sounds like Dell will be "buying SUSE Linux Enterprise Server certificates from Microsoft," and moreover, "will be setting up a services and marketing program aimed at getting users of open-source platforms to switch to the new SUSE Linux offering." With the agreement inked, the Texas Powerhouse becomes the "first major systems provider to align with Microsoft and Novell in the collaboration," and judging by all the other recent Linux happenings in the Dell arena, we'd say this deal aligns perfectly with its current strategy.

Will it blend? Novell's IT smoothie mixes Vista, SUSE and Apple to gruesome effect

by Paul Miller posted Mar 21st 2007 at 4:45PM

We enjoy a good "Will it blend?" episode just as much as the next YouTube addict, and this one takes the meme to new heights. Tom Dickson is on the scene to entertain Novell BrainShare attendees with an IT infrastructure smoothie. Naturally, this involves a copy of Vista from Novell's best buddy, a SUSE figurine, Apple Mighty Mouse and a can of Red Bull. The addition of "blades" adds a bit of suspense, but the end result seem to match IRL interoperability quite nicely -- we keed, we keed! Peep the video after the break.

[Via Digg]

Continue reading Will it blend? Novell's IT smoothie mixes Vista, SUSE and Apple to gruesome effect

Novell could be banned from Linux sales after dirty M$ dealings

by Paul Miller posted Feb 6th 2007 at 7:38PM

Novell and Microsoft might be oh-so-proud of their unholy union, with Novell reaping reams of cash and a newfound notoriety from the deal, and Microsoft gaining some control of its Linux competition -- along with a bit more cred to its patent claims. It's that last part that has Linux types a bit wary of the deal: "The community of people wants to do anything they can to interfere with this deal and all deals like it. They have every reason to be deeply concerned that this is the beginning of a significant patent aggression by Microsoft," said Eben Moglen, of the Free Software Foundation. The Foundation has put Novell's right to sell new versions of Linux up for review, and expects a ruling within two weeks. Were the ban to be approved, Novell would have to commit serious resources to developing its own soon-to-be-outdated branch of the OS which accounts for 5 percent of its revenue. While the fear of cross-licensing IP with Microsoft does indeed sound like something that could warrant such a ban, it does seem a tad bit hypocritical for the FSF to punish Novell just for trying to make some cash while making it easier for users to use Windows and Linux side-by-side. Novell didn't want to comment on the ongoing decision, but we suppose we'll be checking back in a few weeks to see how this one turns out.

[Thanks, Nathan M.]

Update: This story was mis-reported all over the interwebs, and it looks like we got duped too. Under the GPL, the FSF has no power over Novell's distribution of Linux. The FSF is working on GPLv3, which would ban such deals, but thanks to the GPLv3's anti-DRM stance and other restrictions, Linux being moved to that license is quite unlikely. GPLv3 is also in its early infancy at the moment, so such Novell-impacting conjectures were especially irresponsible. Thanks Adam for the heads up.

CE-Oh no he didn't! Part XVII - Ballmer to Linux users: You owe us

by Josh Fruhlinger posted Nov 19th 2006 at 8:29PM

While Microsoft CEO Steve Ballmer was taking a break from dealing with cranky users still waiting for Vista, he went ahead and told the entire Linux community that they owe him a big thank-you. Yes, yes he did. In a Q&A session at the Professional Association for SQL Server conference, Ballmer (sans sweat) said that Microsoft signed a deal with SUSE Linux distributor Novell in order to get some money back for its "intellectual property." Among other transactions, the one in question sends $40 million to Microsoft in exchange for Microsoft's promise not to sue Novell over possible patent violations. As to whether or not the SUSE Linux distribution actually infringes upon any patents, Novell's payment appears to be some sort of admission fee, and, according to Ballmer, Linux users owe him a big "thanks." After all, he was just assuring that Microsoft gets the "appropriate economic return for our shareholders from our innovation." Meanwhile, Red Hat called the whole thing an "innovation tax" and plans to protect its customers against any infringement claims by Microsoft, asking Ballmer to go ahead and show us all what part of the Linux kernel infringes upon Redmond's patents. So while Ballmer pens his report, get to it, open-source community -- start writing your thank-you notes.

[Thanks, Neonez]

Microsoft supports Linux via Novell; Satan phones Gates regarding temperature

by Paul Miller posted Nov 2nd 2006 at 6:57PM

It's not exactly official just yet, but the latest word from "people familiar with the companies" being printed up by The Wall Street Journal is sensational enough to run even if we overheard a couple of bums whispering about it on the street. Apparently Microsoft has reached an agreement with Novell, wherein Microsoft will provide sales support to Novell's SUSE Linux operating system. We kid you not. The two lovebirds have also agreed to develop technologies to make dual-boot systems easier to operate, and Microsoft has promised not to assert patent rights over software technology that might show up in SUSE. Quite an interesting development, given Microsoft's heretofore complete disgust for anything Linux related, and made even more miraculous in light of the specifically bad blood between these two companies -- remember that $536 million antitrust settlement a couple years back? Either Microsoft is starting to feel the Linux heat, or they decided "stop asserting their patent rights" to get themselves out of any more antitrust trouble. Or maybe, just maybe, Microsoft and Novell just want to get along for the kids. Steve Ballmer is expected to make the official announcement of this hell-freezing agreement in San Francisco this afternoon.

Lenovo teams up with Novell for new, pricey Linux ThinkPads

by Paul Miller posted Aug 17th 2006 at 12:01PM

If Linux is your thing, and you've got a good bit of cash to spare, Lenovo has just released a couple of attractive new options to their T60p line with Novell's SUSE Linux Enterprise Desktop 10 pre-installed. Linux and ThinkPads have always seemed a natural fit, and there is plenty of community support out there if you'd like to roll your own install, but a Lenovo-supported install should be nice for users who just want things to work out of the box. Unfortunately, that convenience comes at quite a cost, since the 14-inch "workstation" goes for $3100, while the 15-incher hits $3200. The laptops are pretty well specced, with a 2.33 GHz Core Duo T2700, 1GB of RAM, 100GB HDD, 256MB ATI FireGL V5200 graphics, DVD burning, 802.11a/b/g WiFi, a fingerprint reader and a 9-cell lithium-ion battery, but a similarly configured 14-inch T60p running Windows goes for a mere $2360. Quite a premium for convenience indeed.

UPDATE: If comments are any indication, Lenovo is already going to have a hard time convincing consumers of the value on these things. Well, the news just gets worse: according to LinuxPlanet, Lenovo isn't even going to pre-load SUSE. The laptop will ship with a blank hard drive, and the necessary drivers will be downloadable. Sure, they're throwing in some nifty unlimited phone support, but we're really not so sure this is going to fly. Thanks, Vasicila for the heads-up.