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Novell and Microsoft: Stop with the FUD already

Unlike a lot of open-source supporters, I don't turn red with anger at the very thought of Novell working with Microsoft. Like it or not, getting Linux and Windows to work better together makes good, hard business sense. What I do find annoying is that Novell is continuing to feed Microsoft's FUD machine about Linux.

In an e-mail interview with Ian Bruce, Novell's public relations director, Bruce wrote me that customers wanted the Novell/Microsoft package, in part, because it "provides IP (intellectual property) peace of mind for organizations operating in mixed source environments."

It does? Since when?

There are many good reasons to buy into Novell/Microsoft. These include network directory, virtualization, and document format interoperability. IP protection from Microsoft isn't one of them. You might be able to get a good deal on SLES (SUSE Linux Enterprise Server) from Microsoft!

I talk to a lot of business people who have either already committed themselves or are considering using Linux in their data-centers and offices. Not a one of them is seriously concerned about Linux's IP issues. I also know many extremely bright IP lawyers. None of them think there's any real danger to Linux from IP.

For that matter, after Novell and Microsoft first made a deal, Novell CEO Ron Hovsepian spelled out that "Our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property." It bothers me like an ill-fitting shoe to hear someone from Novell using language that indicates that people feel the need for Linux IP assurance.

No, the only people talking up Linux and possible IP problems these days - since SCO is all but dead - is some loser named Steve Ballmer. You might have heard of him.

Ballmer is a great sales guy -- can't you just see him prancing around and shouting about his great deals at his used car lot in one of those awful local TVs ads? -- But he's no lawyer. About once a year, Ballmer shoots his mouth off about how Linux is violating Microsoft's patents. Nothing ever comes of it. Perhaps that's because way back when Ballmer first made his claims in 2004, the author of the study that Ballmer always refers to said that Ballmer had got it wrong.

Of course, Linux companies can be sued for IP issues. This is America anyone can, and too often does, sue anyone else for almost any reason. In fact, late last year Novell and Red Hat were sued by IP Innovation and Technology Licensing Corp. for patent violations.

"Just like Ballmer predicted," you say? How about "just how Ballmer orchestrated it?" It turns out IP Innovation LLC is a subsidiary of Acacia Research Corp. And who is Acacia you ask? It's a patent troll company. Eight days before it sued Red Hat and Novell, Acacia hired Brad Brunell, Former Microsoft General Manager, Intellectual Property Licensing, to be its senior VP. Coincidence? I think not.

But, and here's the important part, I'm betting that except for those of you who like me follow IP legal issues like a hawk, you've never even heard of this suit. It certainly hasn't made any difference to Novell or Red Hat's customers. Once in a blue moon an IP suit will come along that actually impacts end-users, like the RIM vs. NTP Blackberry fiasco, where a patent troll without any valid patents still managed to hijack hundreds of millions from a company. Most IP cases never come close to touching users.

So, the next time that Novell and Microsoft announce another step forward, please Novell, let's have no talk about how customers want IP protection. They don't. Let Microsoft talk it up, it's Ballmer's job to try to distract customers from looking too closely at Microsoft's junky products by talking up FUD about Linux, not yours.

What People Are Saying

The Need for Collaboration

You know, it toolk Microsoft quite a few years to get it through its thick skull that open source was a legitimate and viable software platform for large enterprises -- and that it had simply better learn to live with that fact.

Commercial open source vendors like Novell have come to realize the reverse is also true -- i.e., that Windows is also here to stay and that open source had better lern to live with that fact as well.

There is a fundamental reason why both sides of the software divide need to learn to co-exist and collaborate with each other. And that is that smart CIOs now maintain and will ALWAYS insist on maintaining heterogeneous computer systems in theie data centers. They will never want to be dependent on only one vendor.

So cooperation is necessary. Red Hat negotiated in secret with Microsoft for a year and a half and very nearly reached the same deal that Novell did -- not out of any love for Microsoft, but rather just because that's what their customers demanded.

So for the open source majority that just wants to build good software and serve their customers rather than wage some sort of software holy war, collaboration will be the name of the game going forward.

And don't be surprised if Rd Hat and Microsoft get back to the negotiating table. It's in everyone's interests, including open source's interests.

The fact that some of these

The fact that some of these customers were quoted on their need for IP assurance in Microsoft and Novell press releases is irrelevant to the key issue -- i.e., that many customers DID and STILL DO believe that IP assurance is important.

Vaughan-Nichols claimed no customers were worried about IP issues -- that IP was just a red herring designed to spur FUD.

But unless you think these quotes are made up -- and please say so if that's what you really believe -- they show that Vaughan-Nichols doesn't know what he's talking about.

In addition to resolving customer concerns over IP, the deal has also been very good for Novell, which because of it, went from a paid subscription growth rate of only 2% in 2006 to a growth rate of 37% in 2007 -- the highest growth rate in the industry.

According to IDG, Novell also gained 5 points of market share in 2007 against Red Hat. And since most red Hat customers are on 3 year contracts, industry analysts expect to see many more Linux customers switching from Red Hat to Novell.

If you think the deal is bad, or that customers are wrong to worry about IP issues, just state your reasons. But don't claim that customers don't care worry about these IP issues, because the actual real-world evidence shows otherwise.

There are many legitimate pros and cons to collaboration between Microsoft and open source, and debate over these issues is valid. But it must be based on facts, even if these facts are inconvenient. And the fact is that customers were extremely worried about the effect that IP disputes could have on their business. The RIM-NTP case, the SCO suits, and the many, many customer comments in the press prove that beyond a doubt.

Your statement boggles the mind

Vaugn-Nichols claimed that “I talk to a lot of business people who have already committed themselves or are considering using Linux in their data-centers and offices. Not one of them is seriously concerned about Linux’s IP issues.”

Really?

Leave aside for a moment his apparent amnesia for the widespread fear that just two years ago had rippled through the nation’s large data centers over the NTP-RIM patent suit’s threat to Blackberry communications. Forget about the customer fears widely reported in the media during the SCO-Red Hat litigation. Vaughan-Nichols statement simply boggles the mind. Indeed, one has to ask: To whom has he been talking -- or rather, not talking?

Consider, for example, the following published comments from major Linux customers:

“At Nationwide, it is important to us that our software is compliant with all IP licensing requirements,” said David Zelle, Director of Systems Engineering and Administration at the lender. “We are actively looking to migrate to [Novell’s] Linux versus other brands of Linux.”

Added Nancy Stewart, Wal-Mart’s Chief Technology Officer: "We have wanted information technology vendors to deliver interoperability and IP assurance between multiple platforms for some time now. We are pleased that Microsoft and Novell are fulfilling that need."

Then there was this comment from Eugene Roman, Group President for Systems and Technologies at Bell Canada: “This agreement is a positive example of how companies with different business models and approaches to intellectual property can work together. Hopefully this is a model that others in the industry will repeat.”

Meanwhile, Jonathan Zuck, President of the Association for Competitive Technologies, had this to say: “Microsoft and Novell should be commended for putting customers and innovation before ideology. This is the kind of achievement that can only be reached when parties respect one another’s innovations and intellectual property and put their customers first.”

As for Mark Popolano, Global Chief Information officer for the insurance giant AIG, he said simply: “Microsoft and Novell’s commitment to working together to deliver interoperability and IP assurance helps us achieve [our] mission.”

And finally, here’s what the community’s own Open Source Development Labs had to say: “We are glad to see these two companies collaborating to further diminish the legal threat posed to developers and customers by patent assertions,” declared CEO Stuart Cohen. “This is good for customer confidence in Linux, the open source community, and the IT ecosystem.”

One wonders if Stephen J. Vaughan-Nichols actually lives in the same world that real-life information technology customers and businesses inhabit.

One Can Quit Wondering Now...

You just cut and pasted six quotes from Microsoft and Novell press releases which are almost two years old. Mark Popolano left AIG in February 2007.

Mr. Vaughan-Nichols is living in Autumn 2008, along with all the real-life businesses. You are living in the past.

Worth what you pay for it

If Linux was any good, you could charge for it and actually get paid for your work. As it is, its worth exactly what you can get for it: nothing.

Unless and until I can sell my proprietary code to run on top of it without having to give away 20 years worth of IP development and patented technology for free, I might use it. Until then, all you FOSS fanatics can go suck rocks.

Linux is lacking in a few

Linux is lacking in a few areas that I need to be able to use it for everything.
I would pay money for those programs. If they existed.
It's not about the OS, It's about the programs for the OS.

OK, I'll Bite

Your post is so full of FUD, that I can only assume you're trolling. So I'll bite on purpose and see what happens.

First of all, companies do charge for Linux. Ever hear of Novell (you know, the company mentioned in the article you replied to), Red Hat, Mandriva? How about a little database company called Oracle? All are selling Linux and Linux support. You seem to be deliberately trying to confuse everyone on the meaning of free, which in this case means open.

Secondly, no one will stop you from selling your proprietary code as a Linux version. No one will make you "give away 20 years worth of IP development and patented technology for free" unless one of two things happens:

1. You want to (since you're so freaked out by the very thought of this, I can't see it happening).

2. You take some available open source code and incorporate it into your program, and the license requires you to release your code. BTW, most open licenses don't have this requirement, only the requirement that you release modifications to any open source package that you redistribute.

Finally, with your attitude, ignorance, and bias, I'd say most of the "FOSS fanatics" are probably more open-minded and agreeable than you. Most of us would probably rather "go suck rocks" than hang out with someone of your stellar caliber.

Best regards,
alan

Self-proclaimed "FOSS fanatic"

Opensuse =

Windows 2020.

Balmer is doing a 'Next step/OSX' type transition for the future of the windows operating system using OpenSuse as the skunkworks - it'll just take 10 years is all - and nobody even suspects a thing!

With the acquisition of Yahoo he'll have FreeBSD in his grasp, and now they're on the Apache foundation I think we can safely say it's future is subject to 'incorporation peril' as well.

I'd say just about all the branches of the Open Source tree are now neatly guarded.

you know what I love about

you know what I love about all of these anti Novell pro Red Hat comments is that what do you all think would happen if Red Hat becomes THE dominant player that MS is now? I am sure they are going to be altruistic. I would love to see some positive comments about Novell. They have been around a long time and have extensive experience and knowledge about networking. For decades they have had innovative software and have been working for years with MS and apple software to make sure they are inter operable. They are one of the few companies that have survived MS onslaught.
Since Novell has won the SCO suite you don't hear how benevolent Novell is considering SCO was out to sue everyone. Where were all of the donations from the community to help Novell win the suite? They have done a lot for the Open Source community, they still need to make money to survive.
Its time to pick a new scapegoat.

It's time to find a new

It's time to find a new scapegoat.

Novell's agreement with Microsoft hasn't hurt anyone. The IP part of it is just a lot of bluster.

Novell contributes more than most to the Open Source community, certainly more than any of it's critics. They contribute code. They beat SCO.

Novell scammed Microsoft out of half a billion dollars, pretty good for a billion dollar company I'd say....and what's Novell doing with the money? Well, they're using some of it to pay coders to write more Open Source code.

Any idiot can criticize Novell.

You want me to listen to your criticism, then show me Mr. Critic how you've done more for Open Source than Novell.