While Microsoft CEO Steve Ballmer was making threats at Red Hat users, Novell was quietly increasing its promises that its users will be protected. Earlier this week, Novell updated its “Technology Assurance Program” (the term it uses for its Linux user indemnification program), according to Kevan Barney in the Novel Open PR blog. Barney didn’t spell out the new aspects of the agreement but in looking at it, it is clear that the addition of language around GPLv3 has been added. Here is what the current TAP agreement says:
Novell Agreement with MicrosoftUnder the Novell and Microsoft patent cooperation agreement, when you buy any Novell products—whether Linux-based or proprietary—you receive a patent covenant not to sue from Microsoft. Also under this agreement, customers have unprecedented choice and flexibility through improved interoperability and manageability between Windows and SUSE Linux Enterprise.
Microsoft has extended its covenant to not sue users of Linux-based products from Novell to all GPL v3 users as soon as GPL v3 code is integrated into SUSE Linux Enterprise. This means that the patent protection Microsoft extends to Novell customers now covers every customer who uses any Linux-based software that Novell distributes under GPL v3.
“Covenent to not sue users of Linux-based products” … sounds a lot like a good old fashioned protection racket that T.V. Big City gangsters are always demanding of poor elderly shop owners. Can’t you just see Tony Soprano crooning to his uncle over a plate full of fettuccini about his new Linux-protection racket? Meanwhile back at the ranch, blogger Groklaw is having a conniption over the first patent infringement lawsuit brought against Red Hat and Novell. The suit was filed in Texas by IP Innovation LLC over a patent that covers “User Interface with Multiple Workspaces for Sharing Display System Objects” Groklaw asks:
And now let’s play, where’s Microsoft? You know, like where’s Waldo? Betcha he’s in the tree’s leaves somewhere if we look close enough. We had our first hint when Steve Ballmer said in his speech the other day that he figured other folks besides Microsoft would want Red Hat and FOSS to pay them for their patents. Remember? Is he a prophet or merely well informed? Or is there more to this? When I lay out all the research, you can decide.
Well, Novell hasn’t been spared it seems. But then again, the suit is being brought against the vendors, not the users of vendors’ products. Groklaw has, of course, found the alleged Microsoft connection. The post shows how IP Innovation LLC is a subsidiary of Acacia Research Corp. In July, Jonathan Taub joined Acacia as a vice president. Prior to that, Taub was Director, Strategic Alliances for the Mobile and Embedded Devices for Microsoft. And what else? Taub’s background is in law .. specifically, he was an intellectual property and corporate law associate with D.C. firm Covington & Burling. The plot thickens.
