Linked by Thom Holwerda on Sat 3rd Feb 2007 16:43 UTC, submitted by mwtomlinson
Novell and Ximian The Free Software Foundation is reviewing Novell's right to sell new versions of Linux operating system software after the open-source community criticized Novell for teaming up with Microsoft. "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," Eben Moglen, the Foundation's general counsel, said on Friday. Update: The FSF claims this is being hyped.
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nedvis
Member since:
2006-01-02

Only equal rights are RIGHT !!!
You said: "...giving people more rights without restricting the rights s-u-p-p-o-s-e-d-l-y protected by the license is not a violation of the license."
You are wrong if you think Novell gave "more rights" to Linux users by signing deal with Microsoft since it pertains to NOVEL-SuSE Linux user ONLY and it's not extended to entire Linux community.
Now that's the violation of GPL simply because other Linux users ( RedHat,Debian and so on...) are EXCLUDED from the "peace treaty" signed by Novell and Microsoft.

Reply Parent Score: 1

abraxas Member since:
2005-07-07

You are wrong if you think Novell gave "more rights" to Linux users by signing deal with Microsoft since it pertains to NOVEL-SuSE Linux user ONLY and it's not extended to entire Linux community.
Now that's the violation of GPL simply because other Linux users ( RedHat,Debian and so on...) are EXCLUDED from the "peace treaty" signed by Novell and Microsoft.


Oh really? Can you show me exactly what clause of the GPL Novell is violating? You don't offer any proof whatsoever. Where does the GPL explicitly state that these kinds of agreements cannot be made? The best you could come up with is probably some legal gray area and I don't think that is the case. The GPL is about code sharing, not about sharing agreements made between companies.

Reply Parent Score: 3

nedvis Member since:
2006-01-02

WTF is wrong with you abraxas?

From GPL preamble:
"Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all."
=Can you show me exactly what clause of the GPL Novell is violating=
If it's not "exactly (the) clause" it's the "spirit" of the GPL

Reply Parent Score: 1

abraxas Member since:
2005-07-07

WTF is wrong with you abraxas?

I guess you are referring to the fact that I don't agree with you. Get used to it.

From GPL preamble:
"Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all."


That's all well and good but it means squat until someone proves that Linux has patent problems with Microsoft and Microsoft decides to sue. Novell did not acquire any patented software that they then GPLed and there is no proof that any GPLed software that they distribute has patent problems specifically with Microsoft.

Microsoft is the one that is really in trouble. They are distributing Novell software now. If they are releasing Novell from patent claims and then distributing Novell software (which obviously includes GPL software) they must either release all of their patents related to GPL software to the community of nullify their deal with Novell.

If it's not "exactly (the) clause" it's the "spirit" of the GPL

Tell that to the courts.

Reply Parent Score: 2