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.