daria42 writes "Steve Ballmer has reissued Microsoft's patent threat against Linux, warning open-source vendors that they must respect his company's intellectual property. In a no-nonsense presentation to New York financial analysts last week, Microsoft's chief executive said the company's partnership with Novell, which it signed in November 2006, "demonstrated clearly the value of intellectual property, even in the open-source world.""

Robert writes to tell us Red Hat's CEO Matthew Szulik is encouraging customers to take Microsoft up on their support voucher offer for Novell's rival Linux system in order to "get the issue over with." Dismissing the impact that the Microsoft-Novell deal has had on business, Szulik is just happy to see customers taking Microsoft's money. "Szulik also dismissed Oracle Corp's attempt to under-cut it on Linux support on similar grounds, insisting that customers were unlikely to be convinced by cost savings that are a small percentage of their overall software spend."

Readers VE3OGG and FFFFHALTFFFF write in with three pieces of a global picture that is emerging of governments and corporations moving away from Microsoft and towards open source. First, France: the French automaker Peugot Citroen has announced that over the next several years they will be integrating up to 20,000 Novell SUSE desktops as well as 2,500 SUSE servers into their facilities. (Let's hope that, in Novell, Peugeot Citroen hasn't bought a lemon.) Next, Sweden: the Swedish Armed Forces has made a decision to migrate its Windows NT servers to Red Hat Enterprise Linux. Finally, Russia. VE3OGG writes: "It would seem that after the recent Russian piracy debacle that could see a school headmaster jailed in a Siberian work camp for purchasing pirated copies of Windows for his school, the Ministry of Education in Russia has decided that the school boards will no longer be purchasing any commercial software."

BinnyVA writes "You know the story about Novell losing the right to distribute Linux? Well, the Free Software Foundation has absolutely no control over Novell's distribution of Linux. A zealous Reuters reporter apparently conflated the FSF with the open source community in general, took some quotes out of context, and ended up with a sensational headline that fooled a number of people. The Novell deal is completely within the bounds of the GPL, GPLv3 isn't even done yet, and even when it is the Linux kernel is unlikely to be covered by it." Linux.com and Slashdot are both owned by OSTG.

Hymer writes "Reuters is reporting that Novell may be banned from selling Linux. In the wake of the (much maligned) Novell/Microsoft deal, the Free Software Foundation is reviewing Novell's right to sell the operating system at all. The foundation controls the rights to key parts of the operating system, and council for the organization said that 'the community wants to interfere any way it can' with the Novell business arrangement. No decision has yet been reached, but one should be made in the next two weeks." Is this a measured response, or an over-reaction to the Novell/Microsoft arrangement?

inetsee writes "According to Groklaw, SCO has admitted in a 10K filing that if the court grants any or all of IBM's six motions for summary judgement, 'We can not guarantee whether our claims against IBM or Novell will be heard by a jury.' The site goes through a statement by statement run-down of SCO's filing, noting things like the absence of employee numbers (a piece of information they told investors they would disclose). Elsewhere in the document, it is revealed that SCO's stock is in danger of being delisted from NASDAQ, they may come under further litigation from an unrelated legal matter, and SCO is now claiming that OSes like HP-UX and Solaris are derivatives of code that they 'own'. Despite the dire pronouncements throughout the filing, if everything else runs according to plan their 10K indicates they could keep fighting the good fight for another 12 months."

Several readers wrote in to let us know that Wal-Mart is planning to buy SUSE Linux vouchers from Microsoft in the course of building out its infrastructure. These are the support vouchers that Microsoft must distribute to hold up its end of the bargain with Novell. Wal-Mart has been a customer of Red Hat Linux. CBR Online notes that the deal is not entirely unexpected because Microsoft's COO, Kevin Turner, is the former CIO of Wal-Mart.

Andy Updegrove writes "On Sunday afternoon, the Free Standards Group (FSG) signed an agreement to combine forces with Open Source Development Labs (OSDL) to form a new organization — The Linux Foundation. The result of this consolidation will be to dedicate the resources of the combined membership to 'accelerate the growth of Linux by providing a comprehensive set of services to compete effectively with closed platforms.' Jim Zemlin, currently the head of FSG, will lead the new organization as its Executive Director. The new organization will continue to support Linux in a variety of ways, including by providing economic support to Linus Torvalds and other key kernel developers, managing the Linux trademark, and providing legal protection to developers through such initiatives as the Open Source as Prior Art project, the Patent Commons, and the Linux Legal Defense Fund. All in all, a tall order, but eminently possible given its membership: The Linux Foundation's founding members will include every major company in the Linux industry, including Fujitsu, Hitachi, HP, IBM, Intel, NEC, Novell, Oracle and Red Hat, as well as many community groups, universities and industry end users."

mattaw writes "From analysis by Groklaw it seems that SCO may owe Novell nearly all the SCOSource licensing fees, and has been hiding the fact for 3 years. Imminent. Inevitable. Bankruptcy. Those are the words from Novell's lawyers. Perhaps the IBM/SCO case could close earlier than planned? Perhaps we can finally be rid of this specter once and for all?"

jrwr00 writes with a link to a CNN story about the $100 laptop's unique operating system. We've discussed the OLPC's UI before but the article offers a few new piece of information on the project, which is expected to roll out this year. From the article: "The XO machines are still being tweaked, and [OLPC UI] Sugar isn't expected to be tested by any kids until February. By July or so, several million are expected to reach Brazil, Argentina, Uruguay, Nigeria, Libya, Pakistan, Thailand and the Palestinian territory. Negroponte said three more African countries might sign on in the next two weeks. The Inter-American Development Bank is trying to get the laptops to multiple Central American countries."

narramissic writes "According to an article on ITworld, Credit Suisse, Deutsche Bank AG, and AIG Technologies have signed on for Microsoft's technical support for Novell Inc.'s Suse Enterprise Linux. This follows last month's announcement of a deal between Novell and Microsoft that Steve Ballmer described as an effort to 'bridge the divide between open-source and proprietary-source software.' None of the companies cited the price of the support certificates, nor would they say how many they were activating. Even more interesting, Credit Suisse is a brand new cusomter for Novell."

walterbyrd writes to alert us to word from groklaw.net that Jeremy Allison has turned in his resignation at Novell. "The legendary Jeremy Allison (of Samba fame) has resigned from Novell in protest over the Microsoft-Novell patent agreement, which he calls 'a mistake' that will be 'damaging to Novell's success in the future.' His main issue with the deal, though, is 'that even if it does not violate the letter of the license, it violates the intent of the GPL license the Samba code is released under, which is to treat all recipients of the code equally.' He leaves the company at the end of this month. He explained why in a message sent to several Novell email lists, and the message included his letter to management."

An anonymous reader tipped us off to an article on the Information World site looking at the Novell/Microsoft deal from a new angle. Article author Tom Yager is of the opinion that the deal is Microsoft's punishment for throwing in with SCO. The very public announcement was made, in his opinion, as a stopgap measure against a future lawsuit on Novell's part. From the article: "Novell has exhibited the patience and cunning of a trap door spider. It waited for SCO to taunt from too short a distance. Then Novell would spring, feed a little (saving plenty for later), inject some stupidity serum, and let SCO stride off still cocksure enough to make another run at the nest. That cycle is bleeding SCO, which was the last to notice its own terminal anemia. When it became clear that SCO wouldn't prevail, Microsoft expected only to face close partner IBM. Microsoft did not brace for Novell, an adversary with a decades-long score to settle with Redmond. Through discovery, Microsoft's correspondence with SCO is, or soon will be in, Novell's hands, and it's a safe bet that it will contain more than demand for a license fee and a copy of a certified check."

munchola writes "Novell and Microsoft have commissioned a survey to prove that customers love their interoperability and patent deal. According to the survey 'Ninety-five percent approve of the collaboration between Novell and Microsoft,' while 'four out of five believe their organization would consider doing more business with Linux dealers if Linux providers establish an alliance with Microsoft.' As CBRonline notes, however: 'Few people have claimed the deal is bad for Novell or Microsoft's customers. The question has been whether it is good for the open source movement, open source developers, or indeed Novell itself. Those issues do not appear to have been addressed by the survey.'"

jamienk writes "PJ from Groklaw has taken the time to really explain the big picture of the Novell/MS deal and how it all fits into the SCO case and the strategy some have employed to attack Free Software. If you thought PJ was becoming too shrill before, or if you haven't understood what the big deal is with Novell's agreement, it's really worth a read." From the article: "This is Groklaw's 2,838th article. We now have 10,545 members, who have worked very hard to disprove SCO's scurrilous claims, and we did. We succeeded, beyond my hopes when we started. But here's the sad part. As victory is in sight, Novell signs a patent agreement with Microsoft..."

l2718 writes to mention that In the wake of their recent deal with Microsoft, Novell has announced a new version of OpenOffice.org which will support Microsoft's planned Office formal, Open XML. From the article: "The translators will be made available as plug-ins to Novell's OpenOffice.org product. Novell will release the code to integrate the Open XML format into its product as open source and submit it for inclusion in the OpenOffice.org project. As a result, end users will be able to more easily share files between Microsoft Office and OpenOffice.org, as documents will better maintain consistent formats, formulas and style templates across the two office productivity suites."

A few days ago we linked the transcript of Richard Stallman's talk at the Tokyo GPLv3 meeting . Now bubulubugoth writes to point us to an analysis of what Stallman said in Tokyo. In particular, these quotes: "Microsoft has not given Novell a patent license, and thus, section 7 of the GPL version 2 does not come into play. Instead, Microsoft offered a patent license that is rather limited to Novell's customers alone." And, apparently resolving the conundrum of whether GPLv2 and GPLv3 licenses can be commingled: "There's no difficulty in having some programs in the system under GPL2 and other programs under GPL3."

chiark writes, "Back in June, the magistrate judge presiding over SCO vs IBM gutted SCO's claims, as discussed on Slashdot. SCO cried 'foul,' appealed to the District Judge, and today that judge has ruled against SCO, succinctly and concisely affirming every point of the original damning judgement. Also included in this ruling is the news that the Novell vs. SCO trial will go first: 'After deciding the pending dispositive motions in this case, and after deciding the dispositive motions in Novell, which should be fully briefed in May 2007, the court will set a trial date for any remaining claims in this action.' It's notable that the judge conducted the review using a more exhaustive standard than required out of an 'abundance of caution,' and still found against SCO." As Groklaw asks and answers: "What does it mean? It means SCO is toast."

raffe writes "Here is a Q&A with Ron Hovsepian CEO of Novell. He describes 'a love-hate thing' between the two companies." From the article: "This past May, I picked up the phone and called Kevin Turner, the COO at Microsoft. I knew Kevin when he was the CIO at Wal-Mart. I said, "Kevin, I'd like to have a conversation about what the customer needs. If you could put back on your old hat as a customer, if I came in and started talking to you about virtualization on Linux, and this Microsoft guy showed up and started talking to you about virtualization on Windows, what would you say to us?""

asv108 writes, "On the Hula general mailing list today, it was announced that Novell is no longer providing full-time developers to Hula. While the project will continue, it appears that Novell is not committed to developing a viable open-source alternative to MS Exchange. The Hula project was announced in February 2005 with much fanfare."