Linked by Thom Holwerda on Sat 3rd Feb 2007 16:43 UTC, submitted by mwtomlinson
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Member since:
2005-07-06
The question is, doesn't that suddenly put every non-Novell distribution at risk? It's not about freedom or ideology, it's about the legal system*. In signing the deal, Novell basically admitted to liability. They were covered from that as part of the deal, but since Novell ships the same code as every other Linux distributer, that calls into question the liability of all of them. It gives Microsoft (or a proxy agent) a stronger case for going against RedHat, who is not covered by the deal.
The FSF probably has no legal recourse against Novell, and they understand that as the updated comment from Moglen shows. However, this situation underscores the need for GPLv3, which has patent terms that would potentially mitigate a situation like this. And it's not only the FSF who recognizes that patents can be used to subvert free software --- IBM, Sun, and Mozilla all have patent clauses in their open-source licenses.
*) It should be noted that Moglen has his JD from Yale and is a professor of law at Columbia. He has strong beliefs about the freedom of software, but he's better-qualified to talk about the legal ramifications of the Novell-Microsoft deal than any of us posters on this forum!