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It was just two weeks ago that Novell announced its unprecedented deal with Microsoft bringing in much needed revenue and (supposedly) making SuSE Linux the preferred Linux distribution for Microsoft Windows networks. There was the predictable outcry from the more rabid anti-Microsoft fringe element of the open source community. Even the usually more even-tempered open source advocate Bruce Perens told The Register: “Coming just as the SCO case is winding down, the timing is interesting. Novell is the new SCO.”
What the open source crowd is upset about are the intellectual property provisions of the agreement. Under terms of the agreement, Microsoft promises not to sue Novell’s Linux customers for patent infringement. Additionally, Microsoft has agreed not to sue “individual, non-commercial developers” contributing to open source.
Novell explains what this means: “The terms of the individual, non-commercial developer patent non-assert are on http://www.microsoft.com/interop. You are covered if you are doing non-commercial open source software development. This includes individual enthusiasts, such as a student or a developer who does work on his own time on a project of personal interest to him. If you are compensated for your development, then your activities are considered ‘commercial’, and you would not be covered.” Linux is licensed under the Gnu Public License (GPL). A new version of the GPL, Version 3, is soon to be published which will explicitly prohibit distributors from asserting any patent claims against open source developers – commercial or otherwise. That could create difficulties for Novell.
Dave Kearns is a writer and consultant in Silicon Valley. He's written a number of books including the (sadly) now out of print "Peter Norton's Complete Guide to Networks." His musings can be found at Virtual Quill.
Kearns is the author of two Network World Newsletters: Windows Networking Strategies, and Identity Management. Comments about these newsletters should be sent to him at these respective addresses: windows@vquill.com, identity@vquill.com .
Kearns provides content services to network vendors: books, manuals, white papers, lectures and seminars, marketing, technical marketing and support documents. Virtual Quill provides "words to sell by..." Find out more by e-mail.
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