flydpnkrtn sends in an InformationWeek article arising out of Novell's SEC filing yesterday, asking: "Is this just more Novell-bashing material? Or is this no big deal? And of course this type of thing runs contrary to the 'spirit of the GPL'..." "Under its controversial alliance with Novell, Microsoft is entitled to receive key technical documentation from the Linux distributor even if that documentation is not generally available to open source software developers, according to a Novell document."

An anonymous reader writes "The most notable changes found in this latest draft include making GPLv3 compatible with version 2.0 of the Apache license, ensuring that distributors who make discriminatory patent deals after March 28 may not convey software under GPLv3, adding terms to clarify how users can contract for private modification of free software or for a data center to run it for them, and replacing the previous reference to a U.S. consumer protection statute with explicit criteria for greater clarity outside the United States. The draft also does not prohibit Novell from distributing software under GPLv3 'because the patent protection they arranged with Microsoft last November can be turned against Microsoft to the community's benefit,' FSF executive director Peter Brown said."

El_Oscuro writes "The MS/Novell deal specifically excludes patent protection for "clone products." In the agreement, a clone product is broadly defined as "a product (or major component thereof) of a Party that has the same or substantially the same features and functionality as a then-existing product (or major component thereof) of the other Party ... and that has the same or substantially the same user interface, or implements all or substantially all of the Application Programming Interfaces of the Prior Product." The text of the clone product definition subsections is very cumbersome to read, but it specifically mentions OpenOffice, Wine, and OpenXchange by name without asserting that they are necessarily clone products."

An anonymous reader writes "In its annual report for the fiscal year ended October 31, 2006, Novell expressed concerns over how the new version of the GPL may affect their business. Microsoft might stop distributing Suse coupons if the GPL version 3 interferes with their agreement or puts Microsoft's patents at risk, ultimately causing Novell's business and operating results to be adversely affected."

Linux.com's Joe Barr was recently able to sit down with Professor Eben Moglen at the San Diego Red Hat Summit and discuss the GPLv3 and what it means beyond the Microsoft/Novell deal on video. "Professor Moglen explains briefly about GPLv3's work on globalization of the software license, preventing harm to others by members of the community, and the most contentious in earlier drafts, DRM."

InfoWorldMike writes "On the back of defending the agreement this week, Novell did as promised and published details of its landmark November 2006 Linux partnership agreements with Microsoft. Linux advocates are expected to scour the documents for signs of how the agreement may affect Linux and whether anything in it will put Microsoft or Novell in potential violation of the upcoming version 3 of the GNU General Public license (GPL). The GPL is used in licensing many components of the Linux operating system. Open-source advocate Bruce Perens said he would be looking to see exactly what Novell was given through the deal and whether there is any requirement for the Linux vendor to defend Microsoft's patent claims. 'What I'm actually looking for is, to what extent was there a violation of faith?' he said."

duh P3rf3ss3r writes "According to Groklaw, a hearing into seven summary judgement motions in the SCO vs. Novell case has been set for 31 May at 9 am before Judge Dale Kimball. Groklaw's PJ speculates that David Boies may have to show up for SCO just to keep their case alive."

Lucas123 writes "Computerworld reporter Mary Brandel spoke with academics and head hunters to compile this list of computer skills that are dying but may not yet have taken their last gasp. The article's message: Obsolescence is a relative — not absolute — term in the world of technology. 'In the early 1990s, it was all the rage to become a Certified NetWare Engineer, especially with Novell Inc. enjoying 90% market share for PC-based servers. "It seems like it happened overnight. Everyone had Novell, and within a two-year period, they'd all switched to NT," says David Hayes, president of HireMinds LLC in Cambridge, Mass.'"

bob_dinosaur writes "According to The Register, Microsoft's Patent Attorney Jim Markwith told the Open Source Business Conference that the reason they hadn't named the supposedly infringing patents was that it would be 'administratively impossible to keep up' with the list. 'According to Ramji, the executive tasked with the difficult job of straddling Microsoft's growing support for open source in server and tools, and aggressive and unpredictable statements from management on patents, made a jaw dropping attempt to explain away the Forbes article. "The reason we disclosed that, is because there was a request for transparency following the Novell deal Iast November. This was a response to that transparency," Ramji said. It was at that point the OSBC audience erupted.'" That transparency apparently extends to multiple levels. ZDNet is reporting that Novell will share the details of its agreement with Microsoft sometime in the near future.

Seymour writes "Novell and the EFF have announced that Novell will be contributing to the EFF's Patent Busting Project. Novell will also support the EFF's efforts toward patent reform, including with the WIPO. Could this be Novell trying to get back in the good graces of Linux users? 'Novell's agreement with Microsoft has been a source of contention within open source circles, with one Red Hat executive accusing the company of appeasing Microsoft; others have accused Novell of violating the GPL with the agreement. Either way, signing the deal with Microsoft did a lot to sully Novell in the eyes of many Linux users, and Novell's decision to link up with the EFF on patents may have been made with an eye towards getting some of its street cred back with the OSS community.'"

San Muel writes "In an official statement, Microsoft has said it has no immediate plans to sue after alleging patent infringements by open-source vendors for the time being. The company goes on to say that, essentially, it could have done that any time in the last three years if it wanted to. So what's the purpose of these bold announcements? '[John McCreesh, OpenOffice.org marketing project lead] added that while Microsoft may not have plans to sue, it could be using the threat of litigation to try to encourage corporate customers to move to those open-source product vendors with whom it had signed licensing agreements, such as Novell. "Microsoft has spent time and money accumulating patents. Maybe it has started using that armory to move corporate customers to open-source software that Microsoft approves of."'"

AlexGr writes to tell us that Howard Anderson chaired an interesting meeting the other day with senior executives from Cisco, Agilent Technologies and Novell. The discussion took a look at whether or not enterprise users really want open source. "Naturally, I disagreed -- partially because I am a naturally disagreeable person. Any idiot can make friends -- but can you make some really serious enemies? I disagreed, however, because allegiance to open source depends on who you are. Let me give you an example. If you are No. 1 or No. 2 in your industry, you hate open source. You make your money by selling proprietary solutions: Microsoft and Cisco. If you are No. 3 to No. 10, you look at open source as a way to get back to those serious RSEUs, because they are where you make money."

mw13068 writes "In a recent article in the Seattle Post Intelligencer FSF General Council Eben Moglen points out that the Microsoft SUSE coupons have no expiration date. The result? 'Microsoft can be sure that some coupons will be turned into Novell in return for software after the effective date of GPL 3. Once that has happened, patent defenses will, under the license, have moved out into the broad community and be available to anybody who Microsoft should ever sue for infringement.' Groklaw is also covering the story in it's inimitable way."

TokyoCrusaders92 asks: "Like a lot of other organizations (800 staff, 5000 students) we have a mix of Windows, Novell & Linux (primarily Linux) for our IT infrastructure. We now have a multitude of config files, firewall rule bases, shell scripts, and so forth which are managed by multiple people and groups. Recently, we started using RCS for version control of the firewall rule-base, but this doesn't seem like it would scale up to larger groups of users. While thinking about this, it would seem that the critical features would include: version control; logging; multiple users; secure authentication; and integrity checking. What are other people using to manage their config files?"

untouchableForce writes "Dell has announced that it will join forces with Microsoft and Novell to "make it easier for the Windows operating system and the [...] Linux [operating] system to work together." This is not overly surprising given Dell's good relationship with Microsoft, and since they already sell SUSE Linux on some of their servers, but it is likely to put a stop to the OSS community's celebration of them distributing Ubuntu. The debate over partnership between Microsoft and Novell has been drawn out since the deal was signed and for some this will add additional fuel to the fire but shouldn't the OSS community be reading this as an acceptance of Company's acknowledgment of Linux?"

An anonymous reader writes "Robert Love who was the Chief Architect of Novell's Linux Desktop has resigned today. Robert is a prominent Linux kernel hacker, author and journalist in the Linux community. His blog doesn't specify why he resigned, but after colleague and friend Jeremy Allison's departure from Novell in protest of the Microsoft-Novell deal, this might be the latest fallout from it."

El Lobo writes "The Mono open-source project will create a Linux version of Silverlight by the end of year, said Miguel de Icaza, a Novell vice president and head of Mono. Asked about plans for Linux, Microsoft executives have been non-committal, saying that it will depend on demand. But de Icaza, who is attending Mix, was able to commit without hesitating."

An anonymous reader writes "IBM, Sun, Novell, and Red Hat all have a very significant open source element to their businesses. In addition to these juggernauts, there is growing investment in various open source models. Will money flowing into open source destroy its roots? Mark Hinkle just posted an editorial asking the questions Is Commercialization Killing Open Source? in which he comments on 'opensville' and gives some actual investment data, and a lot of insight into the growing trend in 'open source commercialization'. Is there such a thing as 'too much money' when it comes to developing software?"

rm69990 writes "Novell has filed 4 motions for Summary Judgment against SCO, which essentially ask the court to toss the remainder of SCO's case that isn't already being arbitrated between SUSE and SCO. One seeks a ruling from the court that Novell transfered none of the copyrights in Unix to SCO, which is backed up by many exhibits and declarations from people who negotiated the deal. Another, along the same lines, asks the court to toss the portions of SCO's Unfair Competition and Breach of Contract claims pertaining to the Unix copyrights. The third asks the court to rule that Novell did not violate the Technology License Agreement between SCO and Novell, and last and also least, the fourth seeks to toss the Slander of Title for the additional reason that SCO has failed to prove any special damages. These motions follow 2 motions for summary judgment filed by Novell late last year on 2 of their counterclaims."

An anonymous reader wrote with an article at ZDNet, discussing further implications of their patent cross-licensing initiative. With options already in place with Fuji Xerox, the company is now signed up with Samsung as well. From Samsung's perspective, it is simple: these deals ensure it can sell products using Linux without facing a suit from the Redmond-based corporation. "The notion that customers and businesses need Microsoft's legal go-ahead to run Linux has been controversial for some time, with the issue rising to the surface last November after Microsoft reached an accord with Linux vendor Novell. Novell has since taken issue with Microsoft's assertion that the deal represents an acknowledgment that Linux infringes on Microsoft patents."