Linked by Thom Holwerda on Thu 27th Sep 2007 07:55 UTC, submitted by Augusto
Novell and Ximian "Two months ago, the Brazilian Linux community gathered around BR-Linux invited Novell to answer 10 questions sent and selected by the users, about the company's stance on Linux, open source, licenses, document formats and other subjects." "Novell has been very consistent on this issue and we have publicly stated that we do not believe that Linux infringes on any Microsoft patents. That being said, our agreement with Microsoft takes the patent issue off the table for customers. We have simply made the patent issue a non-event as part of a customer buying decision."
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RE: patents
by sard on Thu 27th Sep 2007 08:37 UTC in reply to "patents"
sard
Member since:
2005-11-16

The agreement helps give Microsoft's as yet unsubstantiated patent infringement claims credence.

Edited 2007-09-27 08:48

Reply Parent Score: 7

RE[2]: patents
by apokryphos on Thu 27th Sep 2007 09:48 in reply to "RE: patents"
apokryphos Member since:
2007-05-05

That is pure nonsense. Most of the agreement was already released please read it. There is an explicit point saying "NO PARTY, BY SIGNING THIS AGREEMENT, ADMITS TO ANY FORM OF PATENT INFRINGEMENT". Novell have also stated it a million times (and at least 5 times in that article). How clear could it be?

That kind of reasoning is just full of fallacies and doesn't help anyone.

Reply Parent Score: 5

RE[3]: patents
by segedunum on Thu 27th Sep 2007 11:50 in reply to "RE[2]: patents"
segedunum Member since:
2005-07-06

That is pure nonsense. Most of the agreement was already released please read it.

Alas, the exact wording of the agreement matters little to Microsoft in terms of the impression they wanted to create.

There is an explicit point saying "NO PARTY, BY SIGNING THIS AGREEMENT, ADMITS TO ANY FORM OF PATENT INFRINGEMENT". Novell have also stated it a million times (and at least 5 times in that article). How clear could it be?

That may be the case, but Microsoft have got exactly what they wanted and they have had no qualms whatsoever about telling all and sundry that Linux and open source software infringes on Microsoft's 'IP' and that licensing is required. The Novell deal has helped create that impression amongst the corporate people Microsoft want to get their message over to.

Let's just admit the obvious and that Novell are exceptionally stupid here, OK?

Reply Parent Score: 8

RE[3]: patents
by twocents on Thu 27th Sep 2007 16:26 in reply to "RE[2]: patents"
twocents Member since:
2006-07-30

apokryphos said:

pure nonsense.........


It doesn't make a difference what SUSE says after the fact... they knew what they were doing when they pocketed about $350 million. Some reminder quotes:

Ballmer: "Linux is a cancer..."
http://www.theregister.co.uk/2001/06/02/ballmer_linux_is_a_cancer/

Ballmer: "Novell pays us some money for the right to tell customers that anybody who uses SUSE Linux is appropriately covered,"
Ballmer: This "is important to us, because [otherwise] we believe every Linux customer basically has an undisclosed balance-sheet liability."
http://www.computerworld.com/action/article.do?command=viewArticleB...

Ballmer: "Only customers that use SUSE have paid properly for intellectual property from Microsoft,"
http://www.computerworld.com/action/article.do?command=viewArticleB...

Ballmer: "the fact that that product uses our patented intellectual property is a problem for our shareholders."
Ballmer: "our shareholders expect us to protect or license or get economic benefit from our patented innovations."
Ballmer: "They've (SUSE) appropriately compensated Microsoft for our intellectual property, which is important to us."
Ballmr: "we'll continue to try to grow Windows share at the expense of Linux"
http://blog.seattlepi.nwsource.com/microsoft/archives/108806.asp

Ballmer: "We are willing to do a deal with Red Hat and other Linux distributors."
http://www.macworld.com/news/2006/11/17/ballmer/index.php

Ballmer: "I'd put the Linux phenomenon really as threat No. 1."
http://www.techweb.com/wire/story/TWB20010110S0006

Ballmer: "Someday, for all countries that are entering the WTO [World Trade Organisation], somebody will come and look for money owing to the rights for that intellectual property"
http://news.zdnet.co.uk/software/0,1000000121,39174367,00.htm

Ballmer: Linux has "characteristics of communism..."
http://www.theregister.co.uk/2000/07/31/ms_ballmer_linux_is_communi...

he (Guitierrez) does break down the total number allegedly violated - 235 - into categories. He says that the Linux kernel - the deepest layer of the free operating system, which interacts most directly with the computer hardware - violates 42 Microsoft patents. The Linux graphical user interfaces - essentially, the way design elements like menus and toolbars are set up - run afoul of another 65, he claims. The Open Office suite of programs, which is analogous to Microsoft Office, infringes 45 more. E-mail programs infringe 15, while other assorted FOSS programs allegedly transgress 68.
http://money.cnn.com/magazines/fortune/fortune_archive/2007/05/28/1...

The pact calls for a Microsoft payment to Novell of about $348 million and Novell payments of at least $40 million over the course of the five-year deal to ensure that Microsoft won't sue Suse customers for patent infringement.
http://news.zdnet.com/2100-3513_22-6137444.html

Edited 2007-09-27 16:29

Reply Parent Score: 4