Eben Moglen To Scrutinize Novell-Microsoft Deal 102
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."
So if the deal violates GPL... (Score:5, Interesting)
So if it's in violation, THEN WHAT? (Score:4, Interesting)
Battle lines (Score:5, Interesting)
Couldn't we have taken a little more time to work on these new licenses before forcing the issue to come out into the open? If Moglen decides that this is a violation of the GPL, the rules of the game will have changed for good, and it will probably only be a matter of time from there for GPL3 to gain credibility and critical mass for better or for worse.
Microsoft gives permission to distribute under GPL (Score:4, Interesting)
Ahhhhh (Score:2, Interesting)
So Microsoft aren't distributing but are offering a patent license* to Novell customers, preventing redistribution under the GPL? I'm not convinced a court is going to see it that way given the explicit wording of the preamble!
* "patent license" === "covenant not to sue".
Reading between the lines. (Score:1, Interesting)
But there are some key things which won't be in the contracts. You can see them from what Microsoft ISN'T saying. To wit:
- They aren't saying that they want to be a good citizen in the Open Source community.
- They aren't saying that they are won't abuse the GPL in order to lock people into a Microsoft solution.
- They aren't saying how Novell is going to end up any different than any other company which has partnered with Microsoft in the past (has there ever been any such company of note which hasn't ended up screwed?).
Microsoft has displayed a long history of not caring about customers or partners, only Microsoft. Certainly not the Linux community, or even the laws imposed by the general community. Nor have they made even a token effort at making statements indicating anything to the contrary. Indeed, their current statements to date are more of the same old FUD.
Or, in otherwords, they are up to their same old tricks. The only question is how they are going to abuse the situation in a way which is best for them.
So read those contracts carefully, Eben. And also keep in mind what isn't being said, and how it will be abused.
GPL Section 7 Rebuttle (Score:1, Interesting)
Assume first that Linux violates no patents held by Microsoft. Then there are no restrictions on recipients of Novell's distribution. Thus, no violation of Section 7, regardless of any deals for additional protections.
Assume the opposite. Linux violates patents held by Microsoft. By default, no distributions of Linux, Novell or not, are allowed. Thus, no distribution status changes, regardless of any deals for additional protection.
So its a non-issue.
Gotta love lawyer double talk. (Score:4, Interesting)
1. doesn't violate any Microsoft patents; or
2. does violate some Microsoft patents.
If it's the first then, great, no problems, this whole deal between Microsoft and Novell (as far as the patents go) is just FUD. But, if it is the second, oh boy, things get bad then. First of all, if Microsoft decides to enforce their patents, no-one has the right to distribute this software. That means we all have to pull together and remove any patented stuff from the software, or bust the patents. But Novell thinks they have a wild card.. this deal they've signed. They think that because Microsoft will be giving Novell's customers a license to use the patents they will be able to keep distributing the software, if Microsoft allows them to. What Eben Moglen is likely to say, however, is that Novell is wrong. If Microsoft has patents that cover GPL licensed software that Novell wants to continue distributing, Novell must secure a license for anyone who receives the software from Novell not only to use the software, but also to redistribute the software. If they don't, they are in violation of the GPL and can therefore not distribute the software. Sure, no-one else will be able to distribute the software either but Novell is not in some privledged position, which they think they are.
then what? (Score:3, Interesting)
There has been a lot of folks in here commenting and asking the question about "If he finds it in violation, then what?", how about the converse question? What if Eben finds that it is not in violation?
Novell has copped an awful lot of crap over all of this. SJVN has also written an interesting perspective pointing out that Novelle is not SCO and a lot of the angst that is being directed asgainst them is quite possibly unwarranted.
You know somewhow, I can't see everyone who has bagged Novell over it coming out and saying "oops I was wrong".
So, what if Eben finds that it is compatible with GPL?
Tp
anyone looked in the nosrc directories on the mirr (Score:3, Interesting)
doesn't this violate section 7 on its face?
This S--t is Getting Ridiculous (Score:3, Interesting)
Novell buys freedom for GPLed software (Score:3, Interesting)