rs232 writes with a link about a disheartening observation on the GPLv3. Unless there's something more specific in the Novell agreement that would fall within the new version of the GPL, Microsoft should have no trouble slipping free of it. Silicon.com has a piece speaking with a leading intellectual property lawyer from Australia. She says, "'I would be very surprised to see this upheld. It was a nice try on the part of (the FSF), but at this stage, I'd say it's not going to be an effective strategy. It will be tough to hold up in court.' In this case, she said, Microsoft never acted — never 'entered' into the agreement, and the terms and conditions can only apply to new actions by Microsoft, not older ones. She said: 'Their actions so far are not enough to say that they are bound.'"

onehitwonder writes "Well-known CIO John Halamka has rigorously tested six different operating systems over the course of a year in an effort to find a viable alternative to Microsoft Windows on his laptop and his company's computers. Here is CIO.com's initial writeup on Halamka's experiences; we discussed their followup article on SUSE. Now CIO is running a writeup on Halamka's take on Ubuntu and how it stacks up against Novell SUSE 10, RHEL, Fedora, XP, and Mac OS X, in a life-and-death business environment." For the impatient, here's Halamka's conclusion: "A balanced approach of Windows for the niche business application user, Macs for the graphic artists/researchers, SUSE for enterprise kiosks/thin clients, and Ubuntu for power users seems like the sweet spot for 2008."

Ho Kooshy Fly writes "It seems that at least one software group has seen the use of Red Hat substantially increase over Novell as of late. EWeek theorizes that this may be backlash from the patent deal with Microsoft. From the article: 'The survey's findings can also be extrapolated to the broader open-source software industry and are not limited to those enterprise customers using Alfresco software "because of the wide range of open-source and proprietary software use cases captured and the large sample size of the survey," [Ian Howells, Alfresco's chief marketing officer] said. "We think these findings accurately reflect the broad technology trends across modern stacks in organizations of all sizes." Gallup polls about U.S. presidential candidates typically survey about 1,000 likely voters, while Alfresco surveyed more than 10,000 people, he said.'"

Ted Samson writes "AMD Opteron servers proved up to 15.2 percent more energy-efficient than those running Intel Xeon in a server-power-efficiency test performed by Neal Nelson and Associates, InfoWorld reports. That translates to annual electricity savings between $20.29 per server and $36.04 per server, depending on the workload, the study concluded. The benchmark tests were conducted on similarly configured 3GHz systems running Novell SUSE Linux, Apache2, and MySQL."

rs232 writes to tell us that Microsoft is excluding any software licensed under the new GPLv3 from their recent patent protection deal with Linspire. "Microsoft has since been treating GPLv3 software as though it were radioactive. 'Microsoft isn't a party to the GPLv3 license and none of its actions are to be misinterpreted as accepting status as a contracting party of GPLv3 or assuming any legal obligations under such license,' the company said in a statement released shortly after GPLv3 was published on June 29. In addition to excluding GPLv3 software from the Linspire deal, Microsoft recently said that it wouldn't distribute any GPLv3 software under its SUSE Linux alliance with Novell, even as it maintains in public statements that the antilawsuit provisions in the license have no legal weight. "

willdavid writes "In a follow-up to his original look at what happened to Xen, Jeff Gould talks to XenSource CTO Simon Crosby. Usually we hear about how open source provides freedoms for end users. However, this article talks about the difficulty a small software developer has with an open source license, in particular, the need to prevent Red Hat, IBM or Novell from running away with all the business revenue."

A Groklaw Reader writes "After all the questions about how the GPLv3 will or won't apply to Microsoft following Microsoft's declaration that they weren't bound by it, PJ of Groklaw wrote this story about how and why the GPLv3 will apply to Microsoft. Specifically, it covers in what ways Microsoft would convey GPLv3 software under the Novell agreement, and how Microsoft's refusal to allow previously sold vouchers to be redeemed for GPLv3 software would impact that agreement. Given that Novell has said that they will distribute GPLv3 software, Microsoft may have had the tables turned on them already."

pilsner.urquell writes "Microsoft yesterday issued a statement proclaiming that it isn't bound by GPLv3. Groklaw has a very humorous rejoinder to the company's claim. From that article: 'They think they can so declare, like an emperor, and it becomes fiat. It's not so easy. I gather Microsoft's lawyers have begun to discern the GPL pickle they are in. In any case it won't be providing any support or updates or anything at all in connection with those toxic (to them) vouchers it distributed as part of the Novell deal ... These two -- I can't decide if it's an elaborate dance like a tango or more like those games where you place a cloth with numbers on the floor and you have to get into a pretzel with your hands and feet to touch all the right numbers. Whichever it is, Novell and Microsoft keep having to strike the oddest poses to try to get around the GPL. If they think this new announcement has succeeded, I believe they will find they are mistaken. In other words, not to put too fine a point on it, GPLv3 worked.'" EWeek has further analysis of this proclamation.

A GNU Dawn writes "The GPL v3 has just been released. Among other things, the released version grandfathers in the Novell deal so that Microsoft's SLES coupons will undermine their patent threats, replaces references to the Magnusson-Moss Warranty Act with more specific language, and clarifies that using BitTorrent to convey a GPLed work is not a breach of the license (it might be one, technically, in GPLv2). The GPL FAQ has been updated to cover the new changes." Commentary is available over at Linux.com (which is owned, along with Slashdot, by Sourceforge).

c3ph45 writes "Before the Novel-Microsoft deal, Red Hat was in talks with Microsoft over patents. Thankfully, the deal fell apart before Novel made their infamous partnership with Microsoft. As has been reported before, Red Hat doesn't plan to enter into any patent agreements with Microsoft, but it leaves open the question: What if both Red Hat and Novell had entered into such deals? One large vendor doing so has caused enough disruption. How would the community have coped with two of the largest vendors doing so?"

Etrigoth writes "After the recent announcement of Silverlight by Microsoft at their Mix event in Vegas, Miguel de Icaza galvanised his team of developers in the Mono group at Novell to create a Linux implementation, a so-called 'Moonlight'. Remarkably, they achieved this in 21 Days. Although they were first introduced to Silverlight at the Las Vegas Mix, de Icaza was invited by a representative of Microsoft France for a 10 minute demonstration at the Paris Re-Mix 07 keynote conference, should they have anything to show.
Joshua, a blogger for Microsoft has confirmed that the Mono team did not know anything about Silverlight 1.1 before its launch. Other members of this team have blogged about this incredible achievement, Moonlight hack-a-thon. It's worth noting from a developer perspective that Moonlight is not Mono and doesn't require Mono to work"

onehitwonder writes "As part of an ongoing quest to find a viable alternative to the Microsoft desktop in the enterprise, well-known healthcare CIO John Halamka spent a month using Novell SUSE 10 as his sole operating system. His conclusion? It's good enough for the enterprise. In Windows vs. Linux vs. OS X: CIO John Halamka Tests SUSE, he explains how SUSE stacks up against RHEL, Fedora, XP and OS X (in a life-critical business environment), and which issues should influence an enterprise-class organization to adopt it."

famicommie writes "All of Novell's fingernail biting has been for naught. In a display of forgiveness and bridge building on behalf of the FSF, ZDNet reports that the final draft of the GPLv3 will close the infamous MS-Novell loophole while allowing deals made previously to continue. From the article: 'The final, last-call GPLv3 draft bans only future deals for what it described as tactical reasons in a 32-page explanation of changes. That means Novell doesn't have to worry about distributing software in SLES that's governed by the GPLv3 ... Drafting the new license has been a fractious process, but Eben Moglen, the Columbia University law school professor who has led much of the effort, believes consensus is forming. That agreement is particularly important in the open-source realm, where differing license requirements can erect barriers between different open-source projects.'"

Kurtz'sKompund passed us an article detailing another loss in Microsoft's licensing push: Red Hat has summarily rejected Redmond's offer of an alliance. The article also touches on Ubuntu's rejection of the same offer, which we discussed this past weekend. ZDNet reports on comments from Mark Shuttleworth and the Red Hat organization, with Shuttleworth stating "Allegations of 'infringement of unspecified patents' carry no weight whatsoever. We don't think they have any legal merit, and they are no incentive for us to work with Microsoft on any of the wonderful things we could do together." Red Hat was even more blunt, stating the organization refused to pay an "innovation tax" to Microsoft. "Red Hat said there would be no such deal. Referring to previous statements distancing itself from Microsoft, the company insisted: 'Red Hat's standpoint has not changed.' The company referenced a statement written when Microsoft revealed it was partnering with Novell, saying that its position remained unaltered. Red Hat director of corporate communications Leigh Day added: 'We continue to believe that open source and the innovation it represents should not be subject to an unsubstantiated tax that lacks transparency.' Many open-source followers argue that Red Hat, as the largest Linux vendor, would have a lot to lose from partnering with Microsoft."

david.jonathan.russe writes "The school district in Kamloops, BC, Canada has been working on a linux-based terminal infrastructure for several years. They now have a system in place district wide and they can not keep up with all of the requests for info. They have a great hybrid system, using diskless workstations all booting from local servers. 'The second-generation system cost the Kamloops district about $47,000 to implement, as well as the cost of training and the release time for personal study and taking exams. However, Ferrie has no doubt of the savings overall. License costs are disappearing as the district phases out its Novell NetWare licenses, and the district no longer needs to purchase productivity software. Ferrie also figures that the increased reliability represents a substantial savings, although he admits that it is hard to quantify. However, perhaps the greatest benefit of switching to free software is that the reliability of the new system frees up technical staff to do more than routine support.'" Linux.com and Slashdot are both owned by SourceForge.

whitehartstag writes with a link to a Network World article about statements from Xandros in the wake of their Microsoft deal. Xandros CEO Andreas Typaldos made a point of stating that they don't believe their product violates any of Microsoft's patents. Nor, he said, did the software giant share with them exactly which patents they believe Linux violates. Just the same, he's disappointed with the reaction they've received from the open source community. "Feedback from the Linux community has been on the order of 'you shouldn't really be talking to the devil.' Linux and open-source advocates believe it is a big issue and say the Xandros deal, and another signed by Novell with Microsoft last year, erodes open source licensing provisions especially around intellectual property issues. Indeed, the Free Software Foundation is rewriting its GNU General Public License (GPL) 3.0 to prohibit such patent deals in the future."

AlexGr sends us to Todd Bishop's blog in the Seattle PI for news that Microsoft has brought someone aboard to serve as its Director of Linux Interoperability and head up the Microsoft/Novell Interoperability Lab. "...his name will be familiar to people in the open-source community. In an e-mail late Thursday night, a Microsoft representative said the role will be filled by Tom Hanrahan, who was most recently the director of engineering at the Linux Foundation, the group created through the recent combination of the Free Standards Group and the Open Source Development Labs."

rs232 wrote with a PC World link discussing another alliance between Microsoft and a vendor via Linux. The vendor this time around is electronics maker LG, and marks the fifth company to license unspecified patents relating to Linux or Linux devices from the OS giant. "'This agreement is focused only on exchange of patent rights,' said David Kaefer, general manager of IP licensing at Microsoft. 'The open-source elements of the deal do utilize a covenant model similar to the Xandros and Novell deals, but this deal is most similar to recent agreements with Samsung and Fuji Xerox.' Those deals were signed this year in April and March, respectively. Both covered general access to intellectual property contained in patent portfolios and included protection for customers using Linux-based software."

DigDuality writes "Microsoft, shrugging off licensing moves to prevent it from repeating its controversial patent deal with Novell, has signed a set of broad collaboration agreements with Linux provider Xandros that include an intellectual property assurance under which Microsoft will provide patent covenants for Xandros customers."

Preedit writes to tell us that those busy folks over at InformationWeek have been scrutinizing yet more SEC filings, and Novell and Microsoft aren't the only ones concerned about certain provisions in the final draft of GPLv3. TiVo worries too. The problem is that TiVo boxes are Linux-based. They're also designed to shut down if the software is hacked by users trying to circumvent DRM features. But GPLv3 would prohibit TiVo's no-tamper setup. "If the currently proposed version of GPLv3 is widely adopted, we may be unable to incorporate future enhancements to the GNU/Linux operating system into our software, which could adversely affect our business," TiVo warns in a regulatory filing cited by InformationWeek."