Linux and Open Source

Steven J. Vaughan-Nichols & Paula Rooney

Microsoft has stake in Novell fight

By | March 4, 2010, 5:37am PST

Summary: Microsoft has been doing well against Linux through bluff. What the Elliott move does is threaten to make Microsoft show its hand.

In all the talk about New York financier Paul Singer’s plan to go all Gordon Gecko on Novell, one word has not been mentioned nearly enough.

Microsoft.

Microsoft needs a viable Novell, and Novell’s Linux business was on the verge of becoming viable when Singer’s Elliott Associates swooped in with an offer to break up the company, seize its cash, split off the old NetWare business, and auction off Suse Linux.

I doubt Microsoft wants to actually buy that business. Owning a Linux would be a real complication. Suddenly all those patent cross-licenses that claim Microsoft has patent rights to the software take on a different odor, and Microsoft is forced to go down the SCO road to prove its claims.

Microsoft has been doing well against Linux through bluff. What the Elliott move does is threaten to make Microsoft show its hand.

Even the due diligence process could threaten Microsoft. Singer is going to get a look inside that 2006 agreement.

It’s a prime company asset and, even though it’s protected by a non-disclosure agreement, things get out. Stuff leaks. Knowing exactly what Microsoft claims to own in legal documents would tell open source advocates what must be changed to eliminate the threat.

In the Wall Street ocean Novell has become a minnow and Microsoft remains a whale. (Singer’s a shark, and isn’t it gratifying this big GOP contributor now thinks there are greater opportunities here than the Congo.)

Feel free to advise Microsoft in the comments. For now I’ll leave you with Gecko’s greatest hit, from the IMDB database:

The point is, ladies and gentleman, that greed, for lack of a better word, is good. Greed is right, greed works. Greed clarifies, cuts through, and captures the essence of the evolutionary spirit. Greed, in all of its forms; greed for life, for money, for love, knowledge has marked the upward surge of mankind. And greed, you mark my words, will not only save Teldar Paper, but that other malfunctioning corporation called the USA.

Just change Teldar Paper, the fictional firm at the heart of the 1987 movie Wall Street, to Novell. (And here’s a trailer for the sequel.)

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Dana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983.

Disclosure

Dana Blankenhorn

Dana Blankenhorn has been a journalist, writer and part-time futurist for over 30 years.

At the present moment I run only a personal blog in addition to my ZDNet open source blog.

DanaBlankenhorn.Com has the subtitle The War Against Oil. In the past I have used it to write about political history, e-commerce, personal matters, some ideas related to open source, and The World of Always On, which is the idea of using sensors, motes and RFID to turn WiFi links into platforms for applications which live in the air.

My IRA account at Schwab holds a few tech shares, most notably some Intel and Applied Materials, but there are no open source companies in it. I don’t even own any CBS stock.

Biography

Dana Blankenhorn

Dana Blankenhorn has been a business journalist for nearly 25 years and has covered the online world professionally since 1985. He founded the Interactive Age Daily for CMP Media, and has written for the Chicago Tribune, Advertising Age's "NetMarketing" supplement, and dozens of other publications over the years.

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RE: Microsoft has stake in Novell fight
Linux Love 28th Jun
other members of a consortium) would have additional benefits.?
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Eliot is going after Novell's cash.
DTSchmitz Updated - 4th Mar 2010
Most likely you'll see IBM provide a counter offer as SuSE is synergistic to their business.
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There?s a report circulating that Microsoft may be among the bidders for Nortel?s war chest of 6,000 telecommunications patents.
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This seems somewhat surprising to me, given last I heard from Microsoft, company officials said
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they felt no need to bid on the patents which are up for auction. A spokesperson told me in April
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2011 that Microsoft already has? worldwide, perpetual, royalty-free license to all of Nortel?s patents
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that covers all Microsoft products and services, resulting from the patent cross-license signed with Nortel in 2006.?
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So what?s up with the June 27 SOA World Magazine report that bidders for Nortel?s patents now
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include Google, Apple, Intel and ?two purpose-built syndicates,? one of which is led by Microsoft?
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I?ve asked Microsoft whether it is one of the entities bidding on the patents and was told by a
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spokesperson that the company had no information to share at this time.
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It?s worth noting that if the Softies are one of the cloaked bidders, it wouldn?t be the first time
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Microsoft has kept its identity secret when bidding for patents. It did the same when it made a bid as
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part of a consortium for Novell?s 800 or so patents. Microsoft?s role in the Novell patent-consortium
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RE: Microsoft has stake in Novell fight
Linux Love Updated - 20th Jul
bid came to light via regulatory story is something that water can demage any nederland people from around best TV that you can newyork is the filings.
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RE: Microsoft has stake in Novell fight
Linux Love Updated - 4th Jul
Microsoft might also believe that up to a certain price those patents are simply a good financial investment for someone who understands the patent monetization business, Mueller added.

Nortel filed for bankruptcy protection in January 2009. The Nortel patents up for auction were said to cover wireless handsets and infrastructure, as well as optical and data networking, Internet, Internet advertising, voice and personal computers In 2007, Microsoft and Nortel announced a wide-ranging strategic partnership. Via that much-trumpeted alliance, the pair committed to take on Cisco by integrating and cross-selling their communications wares and by jointly licensing each others ipad bag blog of best sutudeg community the modern education news and country and IP.
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nothing to fear from those (Nortel) patents. That said, having ownership of them
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other members of a consortium) would have additional benefits.?
They were told what it was they had stolen (yes stolen!) and they ended up correcting that particular mistake, they had no other option.

God knows how many more license violations they are committing right now, 'their' code, even if stolen is proprietary, no one can peek into it and check for license violations, they simply get away with it completely unharmed.

Now compare that situation with this:

"Knowing exactly what Microsoft claims to own in legal documents would tell open source advocates what must be changed to eliminate the threat."
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Yes, they did the right thing.
No_Ax_to_Grind 4th Mar 2010
As any good company does.
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good company?
kirovs@... 4th Mar 2010
Good companies do not violate license terms. Ask BSA.
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Yes, they do - all the time.
de-void-21165590650301806002836337787023 4th Mar 2010
You think IBM, Apple, Google, Red Hat, etc. don't get sued for infringing on others' patent/copyrights?

MS farmed out some work to a 3rd party who, for reasons best known to them, purloined some OSS source. MS didn't know that they did and published the app. Someone in the OSS world found that the tool contained some OSS and alerted MS (and everyone else, of course).

MS immediately removed the tool, re-wrote the offending code and then re-published the clean version.

Sounds like a difficult issue well handled to me.
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Good Company eh?
silicon_chip 4th Mar 2010
You might want to review that opinion.
Microsoft deliberately designed Windows 3.11 to produce fake error messages if it was used with DRDos instead of MSDos. They haven't changed any since then either, they just hide thier tracks a bit better.
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What?
AzuMao 14th Mar 2010
Violating the law until you get busted and are required to stop doing so is "doing the right thing"?

So going on a random killing spree is "doing the right thing" as long as you stop as soon as the cops show up?
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RE: Microsoft has stake in Novell fight
zakkiromi Updated - 30th May
Knowing exactly what Microsoft claims to own in legal documents would tell open source advocates what must be changed to eliminate the threat. k
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RE: Microsoft has stake in Novell fight
edward polling Updated - 23rd Jun
Microsoft has been doing well against Linux through bluff. What the Elliott move does is threaten to make Microsoft show its ipad bag blog sutudeg short domain names pclos hwdb hand. l
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M$ is doomed
Linux Geek 4th Mar 2010
Even the due diligence process could threaten Microsoft. Singer is going to get a look inside that 2006 agreement.
Now the FUD and fraud called Linux patent infringement will be exposed, and M$ will lose the extorsion fees.
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Ironic
Spikey_Mike 22nd Mar 2010
As that's the tactic (due diligence investigations) that gave Microsoft a peek at Stac Electronic's source code.

http://en.wikipedia.org/wiki/Stac_Electronics

"In 1993, Microsoft released MS-DOS 6.0, which included a disk compression program called DoubleSpace. Stac executives were outraged, as Microsoft had previously been in discussions with Stac to license its compression technology, and had discussions with Stac engineers and examined Stac's code as part of the due diligence process. "
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Modern American Capitalism
croberts Updated - 4th Mar 2010
It used to be about building railroads, bridges, and inventing new things.

Now? "..Singer?s Elliott Associates swooped in with an offer to break up the company, seize its cash, split off the old NetWare business, and auction off Suse Linux..."

I guess when China is eating your lunch at every opportunity you need to make money any way you can. Lots to be proud of.
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If i could just comment a bit .
Quebec-french 4th Mar 2010
I dont think at about china or anything other
than greed. Investor want there money no matter
what. So in the end you end up with unethical
choice by unethical people to make fast money
now . Long is gone the time when choice where
made for the better or the true purpose now it
all about the Benjamin period ....


Wait
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We'll fail at this rate.
storm14k Updated - 4th Mar 2010
Too much money being made on paper and through deals and shifting. Not enough is made from actual work, products, services and innovation. And look at all the folk making money for nothing on the rise in stock price for Novell yet nothing has actually been produced to back that money.
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BINGO!
kd5auq 4th Mar 2010
In a true world recession the U.S. has lost almost all manufacturing capability. We are like a fat, pampered, indoor chihuahua that cannot survive on its own.
At least we can lose weight, lower our cholesterol, and get generally healthy eating our worthless (high fiber)stock certificates while we slowly starve to death!
sad
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Double Bingo!
jacarter3 4th Mar 2010
The big banks, the ones we bailed out, are using their money not to finance business, large, medium, or small that would create jobs and value. They are using theie monies to play the stock market. That's right! Check their earnings report and you find that most if not all their profit came from investing in stocks.

Now we have the Dow regularly cycling between about 10,000 and 10,500. When it gets to 10,500, the banks cash out and the market drops suddenly. The banks make 5% and everyone else loses. What happens is that my ongoing contributions for retirement are being regularly sucked away by the banks instead of the banks lending money to employers to hire people that create things of value while getting paid and using the money to buy things of value.

Too large to fail also means large enough to manipulate the market. And that's why we're all screwed unless we already got our $100 million.
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well well well get the beer folks
Quebec-french 4th Mar 2010
there a nice bloodbath mma fight comming up.

But in the end what will change MS will not let Novell
go down they invested too much.

What are the option

1 MS lets Novel get trash and loose big time
2 Someone big het novell ( ibm,dell,hp, or better
oracle) ms loose big time+
3 MS pay someone to buy Novell some front compagny
and save it for sometime


IN the end we are in a very nice and mutating
scenario.

Lest hope that MS receive it in the face knuckle
sandwich style ...
0 Votes
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Does Microsoft have a stake in Novell on this, I would say yes. Even though, Novell has been approached to be bought, I would wonder if the purchase would get approved by the FED since Novell will be headed to jury trial against SCO. What happens to Novell if SCO can win in a jury trial and how much would SCO gain to get from IBM, Novell, ect, ect. Also consider what is Novell really worth. Yes it has a Billion in cash and no debt but it also has a side that very few get to see and that is all the intellectual property it owns. Buying a company like Novell is like trying to put a price tag on the Louvre in Paris we can price the building but how do your price out the art inside. If someone picks up Novell free and clear for 2bill and sell off all it's IP and products what a deal.
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One more thing to think about, with all heat Microsoft has taken outside the US in Europe and elswhere it would have to be approved there also. As report most of Novell's cash is sitting outside the US as to not get hit with huge taxes. The EU and others will be hard pressed to allow Novell to be aquired and sold off and put Microsoft with very little competition. We may see the end of Novell America but outside the US will be a completely different problem.
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And maybe some percentage of Novell is swapped around on paper. No big deal either way.

As to "things get out", that would be the end of Novel completely. Microsoft would, rightfully so, file suit agaisnt both Novell and Elliot and in all probability bankrupt Novell.
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In usa maybe
Quebec-french 4th Mar 2010
In Eu that will be a other matter a very other
matter.

You can expect that EU will try tooth and nail
to prevent Novell to be sold away like that .

Even so does MS wanna sue against Novell so IBM
or dell or hp get there hand on novell i not
so sure about that.

If Novell get out of MS shadow MS will have to
put there fud to the test ......
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Actually, No
John Zern Updated - 4th Mar 2010
If Novell get out of MS shadow MS will have to put there fud to the test

You give too much credit to yourself, and not enough to Novell and their engineers/legal teams.

If there was nothing there why did they sign the deal? Are you saying they're all idiots, and people like us "know better" because we weren't there?
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There you go with that common sense again.
No_Ax_to_Grind 4th Mar 2010
You know its not allowed in this talkback forum!!! What ever got into you???
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well that depend
Quebec-french 4th Mar 2010
you see i dont give credit to myself im just
exploring possibility Its the nature if a
debate , or its that you dont what a debate or
discussion and you just wanna have the last
word?

as far as if there nothing there why do they
sign the deal .... well the possibilities are
endless , money , joint investment , bribery ,
name it you have it and as far as are the all
idiot well since most the time i find that 95
% of the planet is a complete with no chance of
return idiot. ( idont mean unintelligent, you
have master degree idiot )

As far as people like us know better ... No i
dont know better and yes i was not there .....
but i think is for sure if you look back at
history ... and especially MS history . If MS
is involve you are sure that something smelly
is coming out period .

I dont know better you are so right but i
dont trust MS to come up with anything go what
so ever. So in the end something will come out
of this smelly and bad that for sure .... I
just hope that MS will be at the receiving end
of it ..


Thx you and have a frickky good day
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Why did they sign the deal?
jacarter3 4th Mar 2010
hmmm...

That's real tough to figure out.

Novel needed the money and thought they were going to get help from MS regarding interoperability. MS got to claim the patent FUD by using the deal to demonstrate they had valid claims without ever needing to prove it.

Really, are you so young that you can't remember even a few years back?
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The EU has nada to say about "loans".
No_Ax_to_Grind 4th Mar 2010
End of story.
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will see
Quebec-french 4th Mar 2010
10 years ago who would thought possible that EU
would force MS with the browser ballot ?

Never loose faith in EU they will always come up
with a way to have there view inside there country
,
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Or it could backfire on open source
John Zern 4th Mar 2010
Yeah, things leak, and I'm sure they're still bound by the agreemant that Novell as whole will suffer if any word gets out.

Or it could scare the living crap out of the open sorce community if they are indeed infringing on patents that have no easy rewrites.

It could have everyone scrambling to pay MS or get sued, right?
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True, the sword cuts both ways.
No_Ax_to_Grind 4th Mar 2010
But I seriously doubt it will ever see the light of day to th public.
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Now for once you are right
Quebec-french 4th Mar 2010
Will never to the see the truth inn this because
it MS .......

thx
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If there were no easy rewrites....
storm14k 4th Mar 2010
...there'd be no NDA to begin with. MS would have pulled the patents out on day one and crushed Linux. Forget these licensing agreements. Just stop everyone from using Linux where they will almost certainly have to move to Windows.

So no I don't believe there is any danger to FOSS from leaks. While it may be a great dream for an MS fanboy its unrealistic.
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Not really...
zkiwi 4th Mar 2010
As the already present defense would be, "But Microsoft knew we were in violation, but did not act to protect their IP."
We're talking *patents* here. Totally different beast. That's actually one of the dangers of patents, thus the whole "submarine patent" underhandedness so beloved of patent trolls.

Really, how hard is it to keep patents, copyrights, and trademarks straight? They act on very different aspects of intellectual property.

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