* Faustian Pact between Novell and Microsoft
@ 2006-11-02 23:14 Jeff V. Merkey
2006-11-02 23:41 ` Jesper Juhl
` (3 more replies)
0 siblings, 4 replies; 27+ messages in thread
From: Jeff V. Merkey @ 2006-11-02 23:14 UTC (permalink / raw)
To: Linux kernel
Well,
It's official. Microsoft and Novell will now fork Linux.
Jeff
^ permalink raw reply [flat|nested] 27+ messages in thread* Re: Faustian Pact between Novell and Microsoft 2006-11-02 23:14 Faustian Pact between Novell and Microsoft Jeff V. Merkey @ 2006-11-02 23:41 ` Jesper Juhl 2006-11-02 23:45 ` Jeff V. Merkey 2006-11-03 1:49 ` Petr Baudis ` (2 subsequent siblings) 3 siblings, 1 reply; 27+ messages in thread From: Jesper Juhl @ 2006-11-02 23:41 UTC (permalink / raw) To: Jeff V. Merkey; +Cc: Linux kernel On 03/11/06, Jeff V. Merkey <jmerkey@wolfmountaingroup.com> wrote: > > Well, > > It's official. Microsoft and Novell will now fork Linux. > http://www.voidspace.org.uk/gallery/silly/big_cup_of_STFU.jpg -- Jesper Juhl <jesper.juhl@gmail.com> Don't top-post http://www.catb.org/~esr/jargon/html/T/top-post.html Plain text mails only, please http://www.expita.com/nomime.html ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-02 23:41 ` Jesper Juhl @ 2006-11-02 23:45 ` Jeff V. Merkey 0 siblings, 0 replies; 27+ messages in thread From: Jeff V. Merkey @ 2006-11-02 23:45 UTC (permalink / raw) To: Jesper Juhl; +Cc: Linux kernel Jesper Juhl wrote: > On 03/11/06, Jeff V. Merkey <jmerkey@wolfmountaingroup.com> wrote: > >> >> Well, >> >> It's official. Microsoft and Novell will now fork Linux. >> > > http://www.voidspace.org.uk/gallery/silly/big_cup_of_STFU.jpg > > Really, I havc been inside both companies, and that's where this is going. :-) Jeff ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-02 23:14 Faustian Pact between Novell and Microsoft Jeff V. Merkey 2006-11-02 23:41 ` Jesper Juhl @ 2006-11-03 1:49 ` Petr Baudis 2006-11-03 3:16 ` Jeffrey V. Merkey 2006-11-03 11:40 ` Andreas Jellinghaus 2006-11-08 14:10 ` Jarek Poplawski 3 siblings, 1 reply; 27+ messages in thread From: Petr Baudis @ 2006-11-03 1:49 UTC (permalink / raw) To: Jeff V. Merkey; +Cc: Linux kernel > It's official. Microsoft and Novell will now fork Linux. (It's not clear what do you mean by "fork Linux". You mean fork the kernel? Basically all the normal distributions are "forking the kernel" and it seems to work fine. If not the kernel, it's even less clear.) But I guess I just take you too seriously. ;-) -- Petr "Pasky" Baudis Stuff: http://pasky.or.cz/ #!/bin/perl -sp0777i<X+d*lMLa^*lN%0]dsXx++lMlN/dsM0<j]dsj $/=unpack('H*',$_);$_=`echo 16dio\U$k"SK$/SM$n\EsN0p[lN*1 lK[d2%Sa2/d0$^Ixp"|dc`;s/\W//g;$_=pack('H*',/((..)*)$/) ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-03 1:49 ` Petr Baudis @ 2006-11-03 3:16 ` Jeffrey V. Merkey 2006-11-03 22:46 ` Bernd Petrovitsch 2006-11-07 8:18 ` Pavel Machek 0 siblings, 2 replies; 27+ messages in thread From: Jeffrey V. Merkey @ 2006-11-03 3:16 UTC (permalink / raw) To: Petr Baudis; +Cc: Linux kernel Petr Baudis wrote: >>It's official. Microsoft and Novell will now fork Linux. >> >> > >(It's not clear what do you mean by "fork Linux". You mean fork the >kernel? Basically all the normal distributions are "forking the kernel" >and it seems to work fine. If not the kernel, it's even less clear.) > >But I guess I just take you too seriously. ;-) > > > No problem. I was shocked to see it happen, but I left Novell 10 years ago trying to make the same thing happen between the two, so today for me the future took root in the present. Seriously, Novell has a limited lifespan unless acquired, and an M$ acquisition would be a good thing for the company. Given the resources both companies have, I would expect the see them take Linux in another direction. Linux is just out there floating with no good anchorage for long term survival -- a lot like Novell. 1 + 1 = 0 in this case, but with M$ assimilating it, 1 + 1 + 1 = 5 is possible. At any rate, the Linux folks working for M$ is not an outcome I would have expected, but I was happy to hear it. Let's see what M$ comes up with as a Linux knockoff and see who uses it. Jeff ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-03 3:16 ` Jeffrey V. Merkey @ 2006-11-03 22:46 ` Bernd Petrovitsch 2006-11-04 22:56 ` Eduard Giménez 2006-11-07 8:18 ` Pavel Machek 1 sibling, 1 reply; 27+ messages in thread From: Bernd Petrovitsch @ 2006-11-03 22:46 UTC (permalink / raw) To: Jeffrey V. Merkey; +Cc: Petr Baudis, Linux kernel On Thu, 2006-11-02 at 20:16 -0700, Jeffrey V. Merkey wrote: > Petr Baudis wrote: > >>It's official. Microsoft and Novell will now fork Linux. Url? Since it is official, there must be ome ... [...] > present. Seriously, Novell has a limited lifespan unless acquired, and All stories I heard about Novell indicates that the life spam is much more than a decade - no matter what (except exploding earth and similar crash scenarios). -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-03 22:46 ` Bernd Petrovitsch @ 2006-11-04 22:56 ` Eduard Giménez 0 siblings, 0 replies; 27+ messages in thread From: Eduard Giménez @ 2006-11-04 22:56 UTC (permalink / raw) To: Bernd Petrovitsch; +Cc: Jeffrey V. Merkey, Petr Baudis, Linux kernel On Friday, 3 de November de 2006 23:46, Bernd Petrovitsch wrote: > Url? > Since it is official, there must be ome ... Yes, there're many ;) The main one: http://www.novell.com/linux/microsoft/ But probably the most interesting are: http://www.novell.com/linux/microsoft/faq.html and http://www.novell.com/linux/microsoft/openletter.html -- edu firmitas, utilitas, venustas - Vitruvius, De Architectura ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-03 3:16 ` Jeffrey V. Merkey 2006-11-03 22:46 ` Bernd Petrovitsch @ 2006-11-07 8:18 ` Pavel Machek 2006-11-07 10:17 ` Bernd Petrovitsch 1 sibling, 1 reply; 27+ messages in thread From: Pavel Machek @ 2006-11-07 8:18 UTC (permalink / raw) To: Jeffrey V. Merkey; +Cc: Petr Baudis, Linux kernel Hi! > >>It's official. Microsoft and Novell will now fork Linux. > >> > >> > > > >(It's not clear what do you mean by "fork Linux". You mean fork the > >kernel? Basically all the normal distributions are "forking the kernel" > >and it seems to work fine. If not the kernel, it's even less clear.) > > > >But I guess I just take you too seriously. ;-) > > > > > > > No problem. I was shocked to see it happen, but I left Novell 10 years > ago trying to make > the same thing happen between the two, so today for me the future took > root in the > present. Seriously, Novell has a limited lifespan unless acquired, and > an M$ acquisition > would be a good thing for the company. Now, agreement was a bad idea in the first place, and comments like... This is a watershed moment for Linux. It fundamentally changes the rules of the game. We're really excited about this deal, and we hope you are too. (from http://www.novell.com/linux/microsoft/openletter.html) only make it worse, but acquisition? I'd hope not even mickey$oft has enough cash for _that_. Pavel -- (english) http://www.livejournal.com/~pavelmachek (cesky, pictures) http://atrey.karlin.mff.cuni.cz/~pavel/picture/horses/blog.html ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-07 8:18 ` Pavel Machek @ 2006-11-07 10:17 ` Bernd Petrovitsch 2006-11-07 16:54 ` Jeff V. Merkey 0 siblings, 1 reply; 27+ messages in thread From: Bernd Petrovitsch @ 2006-11-07 10:17 UTC (permalink / raw) To: Pavel Machek; +Cc: Jeffrey V. Merkey, Petr Baudis, Linux kernel On Tue, 2006-11-07 at 09:18 +0100, Pavel Machek wrote: [...] > This is a watershed moment for Linux. It fundamentally changes the > rules of the game. We're really excited about this deal, and we hope > you are too. > > (from http://www.novell.com/linux/microsoft/openletter.html) only make > it worse, but acquisition? I'd hope not even mickey$oft has enough > cash for _that_. And the first point in the list is "patents" .... Bernd -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-07 10:17 ` Bernd Petrovitsch @ 2006-11-07 16:54 ` Jeff V. Merkey 2006-11-07 17:47 ` Gene Heskett ` (2 more replies) 0 siblings, 3 replies; 27+ messages in thread From: Jeff V. Merkey @ 2006-11-07 16:54 UTC (permalink / raw) To: Bernd Petrovitsch; +Cc: Pavel Machek, Petr Baudis, Linux kernel Bernd Petrovitsch wrote: >On Tue, 2006-11-07 at 09:18 +0100, Pavel Machek wrote: >[...] > > >>This is a watershed moment for Linux. It fundamentally changes the >>rules of the game. We're really excited about this deal, and we hope >>you are too. >> >> >>(from http://www.novell.com/linux/microsoft/openletter.html) only make >>it worse, but acquisition? I'd hope not even mickey$oft has enough >>cash for _that_. >> >> > >And the first point in the list is "patents" .... > > Bernd > > I can see the lights are coming on now for some folks now. Jeff ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-07 16:54 ` Jeff V. Merkey @ 2006-11-07 17:47 ` Gene Heskett 2006-11-07 20:14 ` Jeff V. Merkey 2006-11-07 22:14 ` Bernd Petrovitsch 2 siblings, 0 replies; 27+ messages in thread From: Gene Heskett @ 2006-11-07 17:47 UTC (permalink / raw) To: linux-kernel On Tuesday 07 November 2006 11:54, Jeff V. Merkey wrote: >Bernd Petrovitsch wrote: >>On Tue, 2006-11-07 at 09:18 +0100, Pavel Machek wrote: >>[...] >> >>>This is a watershed moment for Linux. It fundamentally changes the >>>rules of the game. We're really excited about this deal, and we hope >>>you are too. >>> >>> >>>(from http://www.novell.com/linux/microsoft/openletter.html) only make >>>it worse, but acquisition? I'd hope not even mickey$oft has enough >>>cash for _that_. >> >>And the first point in the list is "patents" .... >> >> Bernd > >I can see the lights are coming on now for some folks now. > >Jeff The 'lights' have been on for quite some time Jeff, but getting our govmnt to recognize that is going to take some housecleaning, which I intend to do in the ballotbox yet this afternoon. Wish us good luck in that endeavor folks. -- Cheers, Gene "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed Howdershelt (Author) Yahoo.com and AOL/TW attorneys please note, additions to the above message by Gene Heskett are: Copyright 2006 by Maurice Eugene Heskett, all rights reserved. ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-07 16:54 ` Jeff V. Merkey 2006-11-07 17:47 ` Gene Heskett @ 2006-11-07 20:14 ` Jeff V. Merkey 2006-11-07 20:37 ` Gene Heskett ` (2 more replies) 2006-11-07 22:14 ` Bernd Petrovitsch 2 siblings, 3 replies; 27+ messages in thread From: Jeff V. Merkey @ 2006-11-07 20:14 UTC (permalink / raw) To: Jeff V. Merkey; +Cc: Bernd Petrovitsch, Pavel Machek, Petr Baudis, Linux kernel Jeff V. Merkey wrote: > Bernd Petrovitsch wrote: > >> On Tue, 2006-11-07 at 09:18 +0100, Pavel Machek wrote: >> [...] >> >> >>> This is a watershed moment for Linux. It fundamentally changes the >>> rules of the game. We're really excited about this deal, and we hope >>> you are too. >>> >>> (from http://www.novell.com/linux/microsoft/openletter.html) only make >>> it worse, but acquisition? I'd hope not even mickey$oft has enough >>> cash for _that_. >>> >> >> >> And the first point in the list is "patents" .... >> >> Bernd >> >> > I can see the lights are coming on now for some folks now. > Jeff > <snip> /"Microsoft made it clear that only SUSE users and developers, as well as unsalaried Linux developers, are protected. 'Let me be clear about one thing, we don't license our intellectual property to Linux because of the way Linux licensing GPL framework works, that's not really a possibility,' said Microsoft chief executive, Steve Ballmer. 'Novell is actually just a proxy for its customers, and it's only for its customers,' he added. 'This does not apply to any forms of Linux other than Novell's SUSE Linux. And if people want to have peace and interoperability, they'll look at Novell's SUSE Linux. If they make other choices, they have all of the compliance and intellectual property issues that are associated with that.'" </snip> And those lights are bright indeed .... Jeff / ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-07 20:14 ` Jeff V. Merkey @ 2006-11-07 20:37 ` Gene Heskett 2006-11-07 21:57 ` Pavel Machek 2006-11-08 4:57 ` David Schwartz 2 siblings, 0 replies; 27+ messages in thread From: Gene Heskett @ 2006-11-07 20:37 UTC (permalink / raw) To: linux-kernel; +Cc: Jeff V. Merkey, Bernd Petrovitsch, Pavel Machek, Petr Baudis On Tuesday 07 November 2006 15:14, Jeff V. Merkey wrote: >Jeff V. Merkey wrote: >> Bernd Petrovitsch wrote: >>> On Tue, 2006-11-07 at 09:18 +0100, Pavel Machek wrote: >>> [...] >>> >>>> This is a watershed moment for Linux. It fundamentally changes the >>>> rules of the game. We're really excited about this deal, and we hope >>>> you are too. >>>> >>>> (from http://www.novell.com/linux/microsoft/openletter.html) only >>>> make it worse, but acquisition? I'd hope not even mickey$oft has >>>> enough cash for _that_. >>> >>> And the first point in the list is "patents" .... >>> >>> Bernd >> >> I can see the lights are coming on now for some folks now. >> Jeff > ><snip> > >/"Microsoft made it clear that only SUSE users and developers, as well >as unsalaried Linux developers, are protected. 'Let me be clear about >one thing, we don't license our intellectual property to Linux because >of the way Linux licensing GPL framework works, that's not really a >possibility,' said Microsoft chief executive, Steve Ballmer. 'Novell is >actually just a proxy for its customers, and it's only for its >customers,' he added. 'This does not apply to any forms of Linux other >than Novell's SUSE Linux. And if people want to have peace and >interoperability, they'll look at Novell's SUSE Linux. If they make >other choices, they have all of the compliance and intellectual property >issues that are associated with that.'" > ></snip> > >And those lights are bright indeed .... > >Jeff Amen, Jeff, now where did I put my sunglasses, I want to watch this as carefully as I watched the SCO debacle, at least till the outcome is carved in legal decisions rendered. In a pinch I can go get my welding helmet, its can auto-darken to ND13. But at that brightness, I want all bare skin covered too, else instant sunburns... -- Cheers, Gene "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed Howdershelt (Author) Yahoo.com and AOL/TW attorneys please note, additions to the above message by Gene Heskett are: Copyright 2006 by Maurice Eugene Heskett, all rights reserved. ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-07 20:14 ` Jeff V. Merkey 2006-11-07 20:37 ` Gene Heskett @ 2006-11-07 21:57 ` Pavel Machek 2006-11-08 4:57 ` David Schwartz 2 siblings, 0 replies; 27+ messages in thread From: Pavel Machek @ 2006-11-07 21:57 UTC (permalink / raw) To: Jeff V. Merkey; +Cc: Bernd Petrovitsch, Petr Baudis, Linux kernel Hi! > >>>This is a watershed moment for Linux. It fundamentally changes the > >>>rules of the game. We're really excited about this deal, and we hope > >>>you are too. > >>> > >>>(from http://www.novell.com/linux/microsoft/openletter.html) only make > >>>it worse, but acquisition? I'd hope not even mickey$oft has enough > >>>cash for _that_. > >> > >>And the first point in the list is "patents" .... > >I can see the lights are coming on now for some folks now. > <snip> > > /"Microsoft made it clear that only SUSE users and developers, as well > as unsalaried Linux developers, are protected. 'Let me be clear about > one thing, we don't license our intellectual property to Linux because > of the way Linux licensing GPL framework works, that's not really a > possibility,' said Microsoft chief executive, Steve Ballmer. 'Novell is > actually just a proxy for its customers, and it's only for its > customers,' he added. 'This does not apply to any forms of Linux other > than Novell's SUSE Linux. And if people want to have peace and > interoperability, they'll look at Novell's SUSE Linux. If they make > other choices, they have all of the compliance and intellectual property > issues that are associated with that.'" > > </snip> > > And those lights are bright indeed .... Would you care to elaborate? All sorts of red lights are "on" here from friday, some of them flashing... Pavel -- (english) http://www.livejournal.com/~pavelmachek (cesky, pictures) http://atrey.karlin.mff.cuni.cz/~pavel/picture/horses/blog.html ^ permalink raw reply [flat|nested] 27+ messages in thread
* RE: Faustian Pact between Novell and Microsoft 2006-11-07 20:14 ` Jeff V. Merkey 2006-11-07 20:37 ` Gene Heskett 2006-11-07 21:57 ` Pavel Machek @ 2006-11-08 4:57 ` David Schwartz 2006-11-08 5:11 ` Avuton Olrich 2 siblings, 1 reply; 27+ messages in thread From: David Schwartz @ 2006-11-08 4:57 UTC (permalink / raw) To: Linux-Kernel@Vger. Kernel. Org > <snip> > > /"Microsoft made it clear that only SUSE users and developers, as well > as unsalaried Linux developers, are protected. 'Let me be clear about > one thing, we don't license our intellectual property to Linux because > of the way Linux licensing GPL framework works, that's not really a > possibility,' said Microsoft chief executive, Steve Ballmer. 'Novell is > actually just a proxy for its customers, and it's only for its > customers,' he added. 'This does not apply to any forms of Linux other > than Novell's SUSE Linux. And if people want to have peace and > interoperability, they'll look at Novell's SUSE Linux. If they make > other choices, they have all of the compliance and intellectual property > issues that are associated with that.'" > > </snip> > > And those lights are bright indeed .... Maybe I'm dense, but doesn't the GPL say: 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. If SUSE Linux contains derivative works of GPL'd works that Novell wants to distribute, they must ensure that their customers may engage in royalty-free redistribution and that the recipients of the redistribution can lawfully engage in the expected use. And of course: You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. How can they do that if licensing the work requires licensing patents that Novell has no right to license? It seems absolutely 100% clear to me that you cannot distribute under the GPL a work whose ordinary use requires obtaining a patent license that is not freely avialable to anyone who possess the work. You cannot distribute a GPL'd work with a non-shareable "right to use" that work. If that's not precisely what section 7 is trying to say, what else could it possibly mean? DS ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-08 4:57 ` David Schwartz @ 2006-11-08 5:11 ` Avuton Olrich 2006-11-08 8:56 ` Bernd Petrovitsch 2006-11-08 9:53 ` Kyle Moffett 0 siblings, 2 replies; 27+ messages in thread From: Avuton Olrich @ 2006-11-08 5:11 UTC (permalink / raw) To: davids; +Cc: Linux-Kernel@Vger. Kernel. Org On 11/7/06, David Schwartz <davids@webmaster.com> wrote: > How can they do that if licensing the work requires licensing patents that > Novell has no right to license? rtfa: http://www.novell.com/linux/microsoft/faq_opensource.html May not be correct, but it's an answer nonetheless :) -- avuton -- Anyone who quotes me in their sig is an idiot. -- Rusty Russell. ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-08 5:11 ` Avuton Olrich @ 2006-11-08 8:56 ` Bernd Petrovitsch 2006-11-08 9:53 ` Kyle Moffett 1 sibling, 0 replies; 27+ messages in thread From: Bernd Petrovitsch @ 2006-11-08 8:56 UTC (permalink / raw) To: Avuton Olrich; +Cc: davids, Linux-Kernel@Vger. Kernel. Org On Tue, 2006-11-07 at 21:11 -0800, Avuton Olrich wrote: > On 11/7/06, David Schwartz <davids@webmaster.com> wrote: > > How can they do that if licensing the work requires licensing patents that > > Novell has no right to license? > > rtfa: http://www.novell.com/linux/microsoft/faq_opensource.html > > May not be correct, but it's an answer nonetheless :) If I understand the first answer correctly, there actually is: ---- snip ---- This agreement is primarily intended for Novell's customers. It doesn't imply or guarantee that you are *not* sued. An exception may be if you are a customer of Novell, than M$ will not sue you *directly*. So for all Non-Novell customers: You may be sued directly from M$ (and from all others). So for all: You may be sued indirectly by M$ (and directly from all others). ---- snip ---- SCNR, Bernd -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-08 5:11 ` Avuton Olrich 2006-11-08 8:56 ` Bernd Petrovitsch @ 2006-11-08 9:53 ` Kyle Moffett 1 sibling, 0 replies; 27+ messages in thread From: Kyle Moffett @ 2006-11-08 9:53 UTC (permalink / raw) To: Avuton Olrich; +Cc: davids, Linux-Kernel@Vger. Kernel. Org On Nov 08, 2006, at 00:11:05, Avuton Olrich wrote: > On 11/7/06, David Schwartz <davids@webmaster.com> wrote: >> How can they do that if licensing the work requires licensing >> patents that Novell has no right to license? > > rtfa: http://www.novell.com/linux/microsoft/faq_opensource.html > > May not be correct, but it's an answer nonetheless :) I'm not a lawyer, but from my understanding of the GPL and that page: > Our agreement with Microsoft is focused on our customers, and does > not include a patent license or covenant not to sue from Microsoft > to Novell (or, for that matter, from Novell to Microsoft). So the agreement says nothing about Novell <=> Microsoft patent issues or lawsuits. > Novell's customers receive a covenant not to sue directly from > Microsoft. > [...] > Novell's end user customers receive a covenant not to sue directly > from Microsoft for their use of Novell products and services, but > these activities are outside the scope of the GPL. But it does say that Microsoft agrees not to sue Novell's customers over patent issues in the GPL software that Novell distributes to its customers. What this means is that Novell's customers effectively have patent licenses from Microsoft permitting them to use any GPL software distributed by Novell involving Microsoft's patents. The real question is how this affects Novell's customers. Can they distribute GPL'd software that "infringes" on a Microsoft patent? They have the rights to use that software but anyone who received that software from them would not, therefore according to the GPL they may not distribute at all, right? In my opinion the only way that Novell's customers could legally distribute such "infringing" software would be by waiving the protection offered them by Microsoft through Novell. Of course, this also means that it would be illegal for Microsoft to distribute such software; but I doubt that's likely to be an issue. Cheers, Kyle Moffett ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-07 16:54 ` Jeff V. Merkey 2006-11-07 17:47 ` Gene Heskett 2006-11-07 20:14 ` Jeff V. Merkey @ 2006-11-07 22:14 ` Bernd Petrovitsch 2006-11-07 22:12 ` Jeff V. Merkey 2 siblings, 1 reply; 27+ messages in thread From: Bernd Petrovitsch @ 2006-11-07 22:14 UTC (permalink / raw) To: Jeff V. Merkey; +Cc: Pavel Machek, Petr Baudis, Linux kernel On Tue, 2006-11-07 at 09:54 -0700, Jeff V. Merkey wrote: > Bernd Petrovitsch wrote: > > >On Tue, 2006-11-07 at 09:18 +0100, Pavel Machek wrote: > >[...] > > > > > >>This is a watershed moment for Linux. It fundamentally changes the > >>rules of the game. We're really excited about this deal, and we hope > >>you are too. > >> > >> > >>(from http://www.novell.com/linux/microsoft/openletter.html) only make > >>it worse, but acquisition? I'd hope not even mickey$oft has enough > >>cash for _that_. [...] > >And the first point in the list is "patents" .... [...] > I can see the lights are coming on now for some folks now. How many patenst does Novell have? Do they play in the "more than 1000 trivial, prior art and software patents" league like M$? So from Novell's point of view it is probably somewhat a cross-licensing deal. "What does M$ really gain from it?" is the interesting question. Bernd -- Firmix Software GmbH http://www.firmix.at/ mobil: +43 664 4416156 fax: +43 1 7890849-55 Embedded Linux Development and Services ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-07 22:14 ` Bernd Petrovitsch @ 2006-11-07 22:12 ` Jeff V. Merkey 0 siblings, 0 replies; 27+ messages in thread From: Jeff V. Merkey @ 2006-11-07 22:12 UTC (permalink / raw) To: Bernd Petrovitsch; +Cc: Pavel Machek, Petr Baudis, Linux kernel Bernd Petrovitsch wrote: >On Tue, 2006-11-07 at 09:54 -0700, Jeff V. Merkey wrote: > > >>Bernd Petrovitsch wrote: >> >> >> >>>On Tue, 2006-11-07 at 09:18 +0100, Pavel Machek wrote: >>>[...] >>> >>> >>> >>> >>>>This is a watershed moment for Linux. It fundamentally changes the >>>>rules of the game. We're really excited about this deal, and we hope >>>>you are too. >>>> >>>> >>>>(from http://www.novell.com/linux/microsoft/openletter.html) only make >>>>it worse, but acquisition? I'd hope not even mickey$oft has enough >>>>cash for _that_. >>>> >>>> >[...] > > >>>And the first point in the list is "patents" .... >>> >>> >[...] > > >>I can see the lights are coming on now for some folks now. >> >> > >How many patenst does Novell have? Do they play in the "more than 1000 >trivial, prior art and software patents" league like M$? >So from Novell's point of view it is probably somewhat a cross-licensing >deal. >"What does M$ really gain from it?" is the interesting question. > > Bernd > > The Pike patent from the USL acquisition is the one Microsoft most wanted to get their hands on, as well as the SMP patents. The Pike patent controls overlapping Windows. M$ has wanted to get clear of it for some time. With the cross license from Novell, they are home free. Novell has a large number of networking and directory patents. Not quite 1000, but they have some very good ones on SMP, clustering, and form the USL acquisition. Jeff ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-02 23:14 Faustian Pact between Novell and Microsoft Jeff V. Merkey 2006-11-02 23:41 ` Jesper Juhl 2006-11-03 1:49 ` Petr Baudis @ 2006-11-03 11:40 ` Andreas Jellinghaus 2006-11-03 14:39 ` Gene Heskett 2006-11-08 14:10 ` Jarek Poplawski 3 siblings, 1 reply; 27+ messages in thread From: Andreas Jellinghaus @ 2006-11-03 11:40 UTC (permalink / raw) To: linux-kernel Jeff V. Merkey wrote: > It's official. Microsoft and Novell will now fork Linux. so instead of about 600 git trees (all forks of the linus official git tree), we will have 601 git trees? how exiting. Andreas ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-03 11:40 ` Andreas Jellinghaus @ 2006-11-03 14:39 ` Gene Heskett 2006-11-03 16:53 ` Jeffrey V. Merkey 0 siblings, 1 reply; 27+ messages in thread From: Gene Heskett @ 2006-11-03 14:39 UTC (permalink / raw) To: linux-kernel On Friday 03 November 2006 06:40, Andreas Jellinghaus wrote: >Jeff V. Merkey wrote: >> It's official. Microsoft and Novell will now fork Linux. > >so instead of about 600 git trees (all forks of the linus official >git tree), we will have 601 git trees? how exiting. > >Andreas Humm, was that spelling error intentional? It assuredly fits. :) Personally, I'm not the least bit exCited, and I predict we can eventually kiss Novell goodbye. We could dig up Ray and wrap his coffin in copper coils to harness his spinning. -- Cheers, Gene "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed Howdershelt (Author) Yahoo.com and AOL/TW attorneys please note, additions to the above message by Gene Heskett are: Copyright 2006 by Maurice Eugene Heskett, all rights reserved. ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-03 14:39 ` Gene Heskett @ 2006-11-03 16:53 ` Jeffrey V. Merkey 2006-11-04 18:33 ` Gene Heskett 0 siblings, 1 reply; 27+ messages in thread From: Jeffrey V. Merkey @ 2006-11-03 16:53 UTC (permalink / raw) To: Gene Heskett; +Cc: linux-kernel Gene Heskett wrote: >On Friday 03 November 2006 06:40, Andreas Jellinghaus wrote: > > >>Jeff V. Merkey wrote: >> >> >>>It's official. Microsoft and Novell will now fork Linux. >>> >>> >>so instead of about 600 git trees (all forks of the linus official >>git tree), we will have 601 git trees? how exiting. >> >>Andreas >> >> > >Humm, was that spelling error intentional? It assuredly fits. :) >Personally, I'm not the least bit exCited, and I predict we can eventually >kiss Novell goodbye. We could dig up Ray and wrap his coffin in copper >coils to harness his spinning. > > This statement is so true.... Jeff ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-03 16:53 ` Jeffrey V. Merkey @ 2006-11-04 18:33 ` Gene Heskett 0 siblings, 0 replies; 27+ messages in thread From: Gene Heskett @ 2006-11-04 18:33 UTC (permalink / raw) To: linux-kernel On Friday 03 November 2006 11:53, Jeffrey V. Merkey wrote: >Gene Heskett wrote: >>On Friday 03 November 2006 06:40, Andreas Jellinghaus wrote: >>>Jeff V. Merkey wrote: >>>>It's official. Microsoft and Novell will now fork Linux. >>> >>>so instead of about 600 git trees (all forks of the linus official >>>git tree), we will have 601 git trees? how exiting. >>> >>>Andreas >> >>Humm, was that spelling error intentional? It assuredly fits. :) >>Personally, I'm not the least bit exCited, and I predict we can >> eventually kiss Novell goodbye. We could dig up Ray and wrap his >> coffin in copper coils to harness his spinning. > >This statement is so true.... > >Jeff > I should paint it on the wall, we, Jeff Merkey and I, finally agree on something. :-) -- Cheers, Gene "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed Howdershelt (Author) Yahoo.com and AOL/TW attorneys please note, additions to the above message by Gene Heskett are: Copyright 2006 by Maurice Eugene Heskett, all rights reserved. ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-02 23:14 Faustian Pact between Novell and Microsoft Jeff V. Merkey ` (2 preceding siblings ...) 2006-11-03 11:40 ` Andreas Jellinghaus @ 2006-11-08 14:10 ` Jarek Poplawski 2006-11-08 19:45 ` Stephen Hemminger 3 siblings, 1 reply; 27+ messages in thread From: Jarek Poplawski @ 2006-11-08 14:10 UTC (permalink / raw) To: linux-kernel On 03-11-2006 00:14, Jeff V. Merkey wrote: > > Well, > > It's official. Microsoft and Novell will now fork Linux. I'd prefer: "Another Faustian Pact between Linux and Corporate World" Let's be real: Do you know all papers and words between Red Hat or OSDL and say IBM or HP? Did you regard Novell as linux defender or guardian-angel? Are you afraid or more afraid? Did Microsoft ever need Novell to sue anybody? I don't think so. Jarek P. ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-08 14:10 ` Jarek Poplawski @ 2006-11-08 19:45 ` Stephen Hemminger 2006-11-08 22:13 ` Alan Cox 0 siblings, 1 reply; 27+ messages in thread From: Stephen Hemminger @ 2006-11-08 19:45 UTC (permalink / raw) To: linux-kernel On Wed, 8 Nov 2006 15:10:50 +0100 Jarek Poplawski <jarkao2@o2.pl> wrote: > On 03-11-2006 00:14, Jeff V. Merkey wrote: > > > > Well, > > > > It's official. Microsoft and Novell will now fork Linux. > > > I'd prefer: > > "Another Faustian Pact between Linux and Corporate World" > > Let's be real: > > Do you know all papers and words between Red Hat or OSDL > and say IBM or HP? > > Did you regard Novell as linux defender or guardian-angel? > > Are you afraid or more afraid? > > Did Microsoft ever need Novell to sue anybody? > > I don't think so. > > Jarek P. > - Just follow the money trail if you want to know what agreements are in place. The OSDL funding process is open if you look a the membership levels and the required funding. http://groups.osdl.org/join/membership_levels As a non-profit OSDL is under close scrutiny by IRS and the member companies. There are non hidden agenda deals here. Companies with direct sales to end-users are always making partner arrangements; that is the nature of business. But like teenagers the romances don't always last long, and someone usually gets dropped. -- Stephen Hemminger <shemminger@osdl.org> ^ permalink raw reply [flat|nested] 27+ messages in thread
* Re: Faustian Pact between Novell and Microsoft 2006-11-08 19:45 ` Stephen Hemminger @ 2006-11-08 22:13 ` Alan Cox 0 siblings, 0 replies; 27+ messages in thread From: Alan Cox @ 2006-11-08 22:13 UTC (permalink / raw) To: Stephen Hemminger; +Cc: linux-kernel Ar Mer, 2006-11-08 am 11:45 -0800, ysgrifennodd Stephen Hemminger: > Companies with direct sales to end-users are always making partner > arrangements; that is the nature of business. But like teenagers the > romances don't always last long, and someone usually gets dropped. Usually on their head ^ permalink raw reply [flat|nested] 27+ messages in thread
end of thread, other threads:[~2006-11-08 22:08 UTC | newest] Thread overview: 27+ messages (download: mbox.gz follow: Atom feed -- links below jump to the message on this page -- 2006-11-02 23:14 Faustian Pact between Novell and Microsoft Jeff V. Merkey 2006-11-02 23:41 ` Jesper Juhl 2006-11-02 23:45 ` Jeff V. Merkey 2006-11-03 1:49 ` Petr Baudis 2006-11-03 3:16 ` Jeffrey V. Merkey 2006-11-03 22:46 ` Bernd Petrovitsch 2006-11-04 22:56 ` Eduard Giménez 2006-11-07 8:18 ` Pavel Machek 2006-11-07 10:17 ` Bernd Petrovitsch 2006-11-07 16:54 ` Jeff V. Merkey 2006-11-07 17:47 ` Gene Heskett 2006-11-07 20:14 ` Jeff V. Merkey 2006-11-07 20:37 ` Gene Heskett 2006-11-07 21:57 ` Pavel Machek 2006-11-08 4:57 ` David Schwartz 2006-11-08 5:11 ` Avuton Olrich 2006-11-08 8:56 ` Bernd Petrovitsch 2006-11-08 9:53 ` Kyle Moffett 2006-11-07 22:14 ` Bernd Petrovitsch 2006-11-07 22:12 ` Jeff V. Merkey 2006-11-03 11:40 ` Andreas Jellinghaus 2006-11-03 14:39 ` Gene Heskett 2006-11-03 16:53 ` Jeffrey V. Merkey 2006-11-04 18:33 ` Gene Heskett 2006-11-08 14:10 ` Jarek Poplawski 2006-11-08 19:45 ` Stephen Hemminger 2006-11-08 22:13 ` Alan Cox
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