Bonum Certa Men Certa

New Details Surface About Novell/Microsoft/AttachMSFT [sic] Deal

V for vendetta



Summary: The real face of CPTN, the entity which got Novell's software patents; more revelations about how Novell's deal came about

WE HAVE written over 20 posts about the subject since Novell was sold (despite impending litigation) and it was never known to the full extent just what Novell did and where assets were being passed. First there was turmoil over the assumption that Microsoft may have acquired UNIX from Novell. Shortly after Novell was publicly flogged for it the CMO of the company came out with an important statement denying this claim (AttachMSFT [sic] might still sell UNIX though). It was still assumed at the time that CPTN was merely a Microsoft shell [1, 2, 3, 4, 5, 6, 7] as no company other than Microsoft was named as a member. Well, none until now anyway. A group of Microsoft proponents [1, 2] says that Apple, Oracle and EMC are also part of CPTN (not principal ones though) and Groklaw theorises that it's ill-intended and dangerous to Linux. From its new post on the subject:



So what's the common interest? "Let's all kill Android"? There's a limit on that, in that Google is also an Open Invention Network member, so it has a license to these Novell patents already. Of course there could be more than one theme, virtualization, office suites.

Don't forget that if you sign up with Open Invention Network before this deal closes, you will have a license in perpetuity to all those patents, and more, and these Machiavellian dudes won't be able to mess with you. Here's the article that provides information on where to sign up and who qualifies and what is required.

By the way, Oracle is a member of OIN, so it knows how it works. If it wanted to prevent patent litigation, all it had to do was buy all the patents. So I will assume they plan to use these patents, claiming they belong to the consortium and are therefore not donated to the OIN pool. Alternatively, looking at matters more positively, perhaps it wished to exercise some control over what Microsoft does with the patents.


Groklaw also thinks it's an anti-Android plot despite the fact that VMware recently released software for Android and all we know about Oracle-Apple is not a sufficiently strong link [1, 2, 3, 4]. Moreover, Oracle has too much to lose if it harms Linux (Solaris notwithstanding). Groklaw is very familiar with the SCOracle [sic] case, which it has been tracking quite closely so far, so Groklaw's opinion is nothing to sneeze at. From the latest status report at Groklaw:

The Oracle v. Google Java litigation now begins in earnest, with each side offering a proposed protective order, along with a handy table of the disputed provisions. Say, I think Groklaw has a claim for prior art on that kind of table.


Could some rival of Android have motivated Oracle to sue? It's not possible to tell with any conviction at this moment. The same goes for the Traul Allen case from Interval -- a case that was dismissed [1, 2] but Groklaw declared the end of it before it was over for good. By the way, the MSBBC's coverage of this dismissal was atrocious, as expected. It even glamourised Traul Allen for this pathological, irrational, antisocial behaviour.

In addition to the news about CPTN, there is also news from the VAR Guy, who sheds lights on what exactly was going on behind the scenes when Novell looked for buyers:

Overall, Novell representatives contacted 52 potential buyers. Roughly nine official bidders emerged. So how did Attachmate wind up buying the bulk of Novell’s assets? And what happened to rumored SUSE Linux bids from VMware? In a preliminary proxy statement dated December 14, Novell offers an extensive time line describing how the company’s board of directors, executive team, and external financial advisors pursued potential buyers for the company. The filing is more than 100 pages. Here are some of the highlights, paraphrased by The VAR Guy. Please note:

* The vast majority of the info below is based on information within Novell’s SEC filing. * Novell protects the names of several bidders, referring to them as Party A through Party E. In some cases, The VAR Guy makes some educated guesses about the actual identity of each company. But The VAR Guy’s educated guesses could be wrong.


Regarding anti-Android lawsuits, Mac Asay [sic] wrote this new article where he claims the lawsuit are evidence of Linux and open source success (it is embedded in almost everything).

Google came up with two on its own - Android and Chrome OS - to cover its bases on encouraging geeks to contribute to Google's total world domination. And while Chrome OS never quite got out the gate in 2010, despite assurances that it would ship in late fall, Android more than made up for Chrome OS' delays, with Google's Andy Rubin tweeting: "There are over 300,000 Android phones activated each day."

That's a heck of a lot of phones running open source. Even more than Apple ships.

Apple, of course, didn't let this open-source momentum go unnoticed, and launched a lawsuit against Google's Android through its licensee, HTC. Not to be outdone, Microsoft and Oracle also sent lawyers to the Googleplex. About the only company that didn't is Research in Motion. Nice Canadians.


Not only Linux is a target of such mobile phone lawsuits. There are more new lawsuits right now and they come from Symbian giant Nokia to apply pressure on Apple:

Nokia has just released a press release announcing that it has filed claims in the UK, Germany and Holland, alleging that Apple has infringed on Nokia products sold in those respective countries in regards to technologies used it the iPhone, iPad and iPod Touch.


In response, writes Rupert Goodwins (UK-based journalist): "I find this profoundly depressing. Does history mean nothing in the face of short-term reactive capitalism?

The patent lawyers are watching this carefully (still afraid of losing software patents) and TechDirt jokes that creating flight plans on the Internet is now patented. Hilarious! Sane judges can view this as further evidence of BM/SW patents needing abolition.

Thanks to Kiran Lightpaw for alerting us to yet another example of patents being used to stifle innovation, rather than enable it. It involves a company called FlightPrep, that secured a patent (7,640,098) a year ago, covering generating a flight plan online and filing it online. Basically, it's one of your typical "just add online and patent it!" patents that never should have been granted. In fact, the patent, which was first applied for in 2001 was rejected repeatedly, and many adjustments had to be made before the patent examiner finally gave them the patent.

Once they got the patent, they apparently started hitting up all sorts of online flightplan services for licenses -- even ones that appear to have been online predating some of the claims in their patent. Nelson Minar, who knows more than a little bit about software development, does a nice job highlighting that there appears to be a fair bit of prior art to the claims that were actually approved.


Free software would have won far more easily if there were no software patents, which cannot be justified on economic grounds anyway. Everyone needs to demand elimination of software patents to hasten development and research efforts. Patents help society as much as Wall Street does.

Recent Techrights' Posts

Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
 
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day