Linked by Thom Holwerda on Mon 22nd Nov 2010 19:53 UTC
Novell and Ximian We were well aware that Novell had put itself on the market, coyly winking at passers-by, displaying its... Assets. VMware was a contender, but things have played out entirely different: Novell has been bought by Attachmate Corp., with a Microsoft-led consortium buying unspecified intellectual property from Novell.
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RE[7]: rms was right- as usual
by lemur2 on Tue 23rd Nov 2010 05:33 UTC in reply to "RE[6]: rms was right- as usual"
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This way, if you are running Linux when the BSA or equivalent come cap-in-hand to your company asking for a license fee from you for your alleged use of their members' IP, you can simply say to them that you don't run any software with their IP in it. Tell them you have no Microsoft software, and no contract with Microsoft. If Microsoft hit you with a lawsuit, you can hit them with a countersuit for extortion and harrasment.

BTW, this comment includes any claim that might be made in the future about Unix IP ostensibly being in Linux.

The nightmare scenario is that CPTN (with Microsoft at the helm) starts trying to shut down all of the commercial Linux distributors based on some "infringed" patents or copyright. They would leave Novell alone, of course, because a special licensing agreement would have been part of the $450 million deal announced today. Red Hat, Canonical, and all the other commercial vendors would be forced to pay licensing fees which would ultimately slash their already thin revenues, unless they passed that cost to the users--thus negating the big price advantage Linux has over Microsoft products.

CPTN will even be able to knock on Oracle, IBM, and HP's collective door and start asking for licensing fees for their UNIX flavors.

That is very scary stuff, and it would be something to worry about, except for one teeny, tiny thing. A little detail that all the doomsayers seem to have forgotten.

What's the key fact people seem to be forgetting?

It's this: to date, no one has proved Linux infringes on UNIX IP.

That's right. No matter how hard people have tried, no legal action has ever said that Linux had legitimate infringement issues with UNIX.

And oh, how they've tried.

Edited 2010-11-23 05:34 UTC

Reply Parent Score: 2

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