NewsForge is reporting on the recent IRC meeting that the OpenSUSE team held to answer a few questions about the controversial deal between Novell and Microsoft. The most prominent questions are highlighted and the complete IRC log is available from the article while the questions that didn't make the discussion will be posted on the OpenSUSE wiki.

H4x0r Jim Duggan writes "The 5th international GPLv3 conference was held in Tokyo last week. I've made and published a transcript of Stallman's talk where he described the latest on what GPLv3 will do about the MS/Novell deal, Treacherous Computing, patents, Tivo, and the other changes to the licence. While I was at it, I made a transcript of my talk from the next day where I tried to fill in some info that Richard didn't mention."

polar_bear` writes "A lot of developers are angry at Novell for its deal with Microsoft, but is it fair game for other vendors to try to capitalize on dissatisfaction with Novell? Apparently, Mark Shuttleworth thinks so. Shuttleworth sent an invitation to the openSUSE developers list inviting developers 'concerned about the long term consequences' of Novell's deal to participate in Ubuntu Open Week and consider jumping ship to Ubuntu. OpenSUSE and Ubuntu developers are not amused."

robbyyy writes to mention a Computer Business Review Online article about commentary from Bruce Perens to Novell, about their recent deal with Microsoft. He argues that the company should quickly turn its back on the deal, because Novell risks being left behind by open source progress. From the article: "While Linux creator Linus Torvalds has previously stated that the Linux kernel will remain on the GPL v2 license, much of the code that makes up a complete Linux distribution is owned by the FSF, which intends to re-license all its code to GPL v3 as soon as it is completed in early 2007. 'In the face of these changes, Novell will probably be stuck with old versions of the software, under old licenses, with Novell sustaining the entire cost and burden of maintaining that software,' Perens wrote, adding that Novell faces a choice of sticking with Microsoft and being left behind, or turning its back on the patent deal."

Azul writes "In an interview, Scott Handy, IBM's VP of Worldwide Linux and Open Source, has stated IBM's position on the recent Novell-Microsoft agreement. According to Handy, Novell has been quite clear that they had never agreed that Microsoft had any proof of Microsoft patent violations in Linux." From the article: "'IBM has long supported interoperability between Windows and Linux. As supporters of open source and open standards, we applaud any effort to bridge this gap.' ... Looking ahead, Handy said that despite the outcry in some circles about Novell's deal with Microsoft, IBM will be making 'No change in our partnership with Novell ... IBM has two strategic Linux partners, Red Hat and Novell. This has served us very well for seven-years. Over 90 percent of the Linux server market now belongs to those two companies and the industry has consolidated around those two leaders,' he added."

Ben Rothke writes "In Search of Stupidity gets its title from the classic, albeit infamous business book In Search of Excellence: Lessons from America's Best-Run Companies, by Tom Peters and Robert Waterman. In Search of Excellence quickly became a best-seller when it came out in 1988 and launched a new era of management consultants and business books. But in 2001, Peters admitted that he falsified the underlying data. Librarians have been slow to move the book to the fiction section." Read the rest of Ben's review.

Yesterday Novell released a statement disavowing Steve Ballmer's claim that Linux infringes Microsoft's IP. Linux-watch.com reports that Microsoft quickly responded with a statement of its own that softened, but did not entirely back away from, Ballmer's claim (but the article offers no link to such a statement). xtaski writes, "Everyone took notice when Ballmer spewed forth FUD about Microsoft and Linux IP. Now CIOs are asking just what did Ballmer think he was doing? They are not fooled — but rather, a little angry. ComputerWorld covers the news including one CIO who says 'There were some applications I had been thinking about moving to a Microsoft platform, but this has now totally alienated me from Microsoft.'" And an anonymous reader points us to the statement by the Open Invention Network — whose investors include IBM, Novell, Sony, Red Hat, Philips and NEC — on the Microsoft-Novell agreement. From the statement: "OIN continues to support the Linux community's ability to collaborate and innovate. Through the accumulation of patents that may be used to shield the Linux environment, including users of Linux software, OIN has obviated the need for offers of protection from others."

Azul writes "Ron Hovsepian, Novell's CEO, has posted an open letter to the Community, where he explicitly states Novell's disagreement with Steve Ballmer's claims of Linux infringing on Microsoft's intellectual property. From the letter: 'We disagree with the recent statements made by Microsoft on the topic of Linux and patents. Importantly, our agreement with Microsoft is in no way an acknowledgment that Linux infringes upon any Microsoft intellectual property. When we entered the patent cooperation agreement with Microsoft, Novell did not agree or admit that Linux or any other Novell offering violates Microsoft patents.'"

F.M. Petain writes, "It looks like Microsoft's first move in the 'Linux owes us' game is to move a Pawn. A few days ago, a Novell programmer, Noel Power, submitted patches to add VBA compatibility to Open Office's spreadsheet module. This is great for people trying to convert the business desktop from closed source to open source, but is this gift really a ticking time bomb? What happens when Microsoft declares that the VBA code was stolen?" The patches may have been submitted only a few days ago, but the code must be considerably older; the article claims that nine distros in adition to SUSE already support the VBA extensions in their versions of Open Office. (Linux.com and Slashdot are both part of OSTG.)

Stony Stevenson writes "In comments confirming the open-source community's suspicions, Microsoft CEO Steve Ballmer Thursday declared his belief that the Linux operating system infringes on Microsoft's intellectual property." From the ComputerWorld article: "In a question-and-answer session after his keynote speech at the Professional Association for SQL Server (PASS) conference in Seattle, Ballmer said Microsoft was motivated to sign a deal with SUSE Linux distributor Novell earlier this month because Linux 'uses our intellectual property' and Microsoft wanted to 'get the appropriate economic return for our shareholders from our innovation.'" His exact wording is available at the Seattle Intelligencer, which has a transcript of the interview. Groklaw had an article up Wednesday giving some perspective on the Novell/Microsoft deal. Guess we'll have something to talk about in 2007, huh?

Geekgal writes "Red Hat has slammed the door shut on any possibility of entering into a patent protection deal similar to the one Microsoft recently announced with Novell, eWeek is reporting. While Microsoft has repeatedly said it wants to work with Red Hat and would like to structure a relationship where its customers can be assured of the same thing as Novell's customers now are, Mark Webbink, Red Hat's deputy general counsel, says 'we do not believe there is a need for or basis for the type of relationship defined in the Microsoft-Novell announcement.' Interestingly enough, Microsoft also says that it has not ruled out going it alone and providing some sort of indemnification for its customers who also use Red Hat Linux." Meanwhile, Eben Moglen, the FSF general counsel, promises that GPLv3 will explicitly outlaw deals like this. (Of course everyone's on v2, so calling the Novell deal "DOA" would be premature.)

narramissic writes, "At an event today to formally open-source Java, Jonathan Schwartz, Sun's president and CEO, and Rich Green, the company's senior VP of software had an exchange in which Schwartz put Green on the spot about using GPL for OpenSolaris: 'Are you averse to changing the license, Rich Green?' Schwartz asked. 'Certainly not,' Green responded, prompting the Sun CEO to fire back in a half-joking manner: 'Will you GPL Solaris, Mr. Green?' 'We will take a close look at it,' Green said, adding that it was possible that the familiarity and comfort level many developers have with the GPL may result in Sun adopting it for OpenSolaris." Another note about Sun's decision to use the GPL for Java comes from reader squiggleslash, who writes: "According to Jonathan Schwartz, the decision of Novell and Microsoft to '(suggest) that free and open source software wasn't safe unless a royalty was being paid' is what prompted Sun to finally come down on using the GPL for Java. So I guess every cloud has a silver lining."

hde226868 writes "The team responsible for Samba has just asked Novell to reconsider its recent patent agreement with Microsoft, arguing that the agreement is a divisive agreement, effectively splitting the open source movement into groups with and without commercial status. Samba argues that with this move Novell is disregarding the will of the people who write the software sold by Novell and that Novell has 'no right to make self servicing deals on behalf of others which run contrary to the goals and ideals of the Free Software community'."

smbarbour writes "The Mono project (the open-source .NET compatibility library acquired by Novell when Ximian was purchased) has released version 1.2. They are now including support for WinForms. Ars Technica has a detailed rundown on the new release. The Mono project supports Visual Basic.NET as well, so developers that use VB.NET now have the possibility of directly porting applications to Linux." From the article: "Relatively high memory consumption and performance bottlenecks are commonly perceived as being amongst Mono's most significant weaknesses. Some critics frequently refer to various performance issues to support arguments against broader adoption of Mono technology in open source projects, most notably within the GNOME community. The performance improvements in Mono 1.2 could potentially address such criticisms, but it is likely that a lot more work will be required before the problems are completely resolved."

eldavojohn writes "Microsoft has announced that it would be open to more deals similar to the one it just made with Novell. 'We will love to put that kind of agreement in place with anyone who distributes Linux software, Red Hat, whoever else,' Steve Ballmer told India's Economic Times. Considering the recent reactions to the Microsoft Novell deal, it would be interesting to see who else takes them up on the offer. Novell is due to receive USD $348 million in up-front payments. Will Red Hat cash out on this offer if it feels the impending pressure from Oracle's Linux? Will non-profit Linux distributions attempt to make deals with Microsoft?"

An anonymous reader writes "Novell is providing Eben Moglen's Software Freedom Law Center with confidential access to the legal terms of the Novell-Microsoft partnership, allowing to organization to verify if the deal is compatible with the GPL2 and GPL3 licenses. Moglen in the past has alleged that the patent license between the two companies could be in violation with section 7 of the GPL. Novell on Tuesday published a document on its website, explaining that they circumvented the GPL provisions by providing a patent license to the end user rather than between the two companies."

unix4reel writes "Internet Cases reports on a new decision from a federal court in Chicago holding that 'the GPL and open-source have nothing to fear from the antitrust laws. The suit was against IBM, Red Hat and Novell, arguing that by distributing Linux for free, they offered products at an unbeatably low price (free), thus discouraging new market entrants and stifling competition. The court took a different view, focusing instead on how the GPL fosters new development."

Nicholas Petreley writes, "Wake up little SUSE, wake up. No, that's not good enough. Wake up SUSE customers, wake up. Novell is jeopardizing the future of Linux for its own short-term rewards. If you want to see Linux flourish, let alone survive, after Novell's five year deal with Microsoft expires, I suggest we make an alternative five-year deal with Microsoft. In this case, our part of the deal is to spend the next five minutes, months, or years migrating away from every shred of Novell/SUSE software in our home, office, or enterprise."

zaxios writes, "John C. Dvorak has weighed in on the recent Novell-Microsoft pact. Among his insights: 'Microsoft has been leery of doing too much with Linux because of all the weirdness with the licenses and the possibility that one false move would make a Microsoft product public domain at worst, or subject to the GPL at best.' But now, 'the idea is to create some sort of code that is jammed into Linux and whose sole purpose is to let some proprietary code run under Linux without actually "touching" Linux in any way that would subject the proprietary code to the GPL.' According to Dvorak, it's only a matter of time before Linux is 'cracked' by Microsoft, meaning Microsoft figures out a way to run proprietary code on it."

An anonymous reader writes, "Novell has published additional details about its agreements with Microsoft concerning Windows and Linux interoperability and patents. It seems the company is receiving an up-front payment of $348 million from Microsoft, for SLES subscription certificates and for patent cross-licensing. Microsoft will make an upfront payment to Novell of $240 million for SLES subscription 'certificates' that Microsoft can use, resell, or distribute over the term of the agreement. Regarding the patent cooperation agreement, Microsoft will make an up-front net payment to Novell of $108 million, and Novell will make ongoing payments totaling at least $40 million over five years to Microsoft."