Supporters of the free PC operating system Linux are preparing to counter a recent Microsoft deal which established for the first time the principle of paying the software giant to use Linux.

Microsoft signed a deal with Novell, one of the providers of Linux, in which Novell paid a lump sum in return for a guarantee that Microsoft would not sue Novell’s clients for what it calls a violation of its own patents in the Linux program.

Eban Moglen, one of the pioneers of free software, said Microsoft’s deal skirts the requirements of the GNU General Public License, used by Linux and other free programs, which requires the software to be given away.

He said he and others have started work on updating the license to close the loophole by inserting a clause stating that a promise not to sue, such as the one given by Microsoft, would be automatically applicable to everyone.

That would effectively flip Microsoft’s agreement on its head and guarantee that no one would face a suit from Microsoft if anyone were protected.

Under the Novell deal, in which both companies agreed not to sue each other’s clients for patent violation, Microsoft agreed to pay Novell $348 million, with Novell paying Microsoft $40 million, on the basis that Novell has fewer customers.

Yeah, I know. Look at that last paragraph. These guys tapdance around the truth like a Washington lobbyist at a House Committee hearing on golf and hookers.



  1. gquaglia says:

    I like the Steve Ballmer picture. Probably pretty accurate of his reaction to the news.

  2. Aaron says:

    I’m lost!
    Can someone explain why M$ can sue? I thought Linux was developed by a “Community” of programers, and started as a University project. Is it that M$ feels entitled to a piece of every computer no matter what the OS? Or is some part of Linux picked from Windozzzz?

  3. Higghawker says:

    I’m with Aaron?? I don’t understand?

  4. Smartalix says:

    If you can buy enough lawyers, you can challenge anything. If your opponent cannot afford to keep up, you win by default.

  5. Joey says:

    Mike, It wont be retroactive but instead apply to versions released after the new GPL. Thus if Novell wants to keep their distribution current with the latest-and-greatest they would be forced to accept the new GPL. Their only alternative would be to fork the last release issued prior to the new GPL and maintain that fork themselves in perpetuity.

  6. Mike Voice says:

    Thanks, Joey.

  7. thinkpol says:

    This reminds me of:

    http://tinyurl.com/kw8yn
    Microsoft Patents Ones, Zeros

  8. JimR says:

    You don’t have to take this crap.

    … Apple is superior, always was and always will be.

  9. ben says:

    they should make a new os that stream lines multi cores

  10. Mr. Fusion says:

    An excellent issue for the new Congress to tackle.

    Patents and anti trust actions by MS.

  11. Ascii King says:

    Just when I was starting to think M$ wasn’t quite so bad as it used to be.

    Anywhere else this type of behaviour is called extortion.

  12. Mr. Fusion says:

    #12, Ballmer is having a mid-life crises.

  13. Peter Rodwell says:

    Ballmer is having a mid-life crises.

    So why can’t he go home and kick the dog like everyone else, instead of trying to dominate the world.

  14. bill says:

    How about a ‘class action’ lawsuit where every Linux user in the universe sue’s MS for being a pain in the ass.

  15. Aaron says:

    The way the money changed hands, in this story, seems to imply that Linux has code M$ wants to get their gubbies on, then exclude everyone else from.

  16. jbellies says:

    #15 or how about an “ass claxon” lawsuit, where every motorist who drives by a Microsoft building, honks.

  17. JoaoPT says:

    HONK HONK

  18. joshua says:

    Ohhhhh cool!!!! That is one of my FAVORITE **C** movie horror flicks.
    That thing used to scare the crap out of me when I was 7 y/o…..now it puts me into hysterical laughter.


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