Is Microsoft targeting Google through the Novell deal?
Many analysts are picking apart yesterday’s announcement of a patent-licensing deal between Novell and Microsoft. It’s probable that this is the result of MS threatening to sue Novell over software patents, a strategy first made public in the infamous Halloween II memo.
I guess this marks the end of both Novell and SuSE Linux, the fantastic German-born Linux distribution which Novell acquired in 2003. It will be gradual, but expect to see prices of Novell products increase, development slow and marketing fade until it winds up like a certain other competitor that was forced to get into bed with MS.
Analysts are speculating that this agreement is designed to give MS a patent platform to attack other Linux vendors and users… by licensing software patents claimed by MS, Novell is helping legitimize those claims. Hmm… now what competitor does MS currently fear the most who Steve Ballmer has sworn to "f—ing kill"? Interesting that they also happen to be one of the largest users of Linux on the planet. Hopefully Google holds sufficient defensive patents.
In the longer term, hopefully governments will remember that the intent of patents is to promote the progress of science and useful arts, not impede it. Software patents, business methods patents and (incredibly) patents on facts do nothing of the sort.
Update: First, much has been written about this deal. The best analysis so far is an editorial from this editorial from lwn.net. Interestingly, the editorial explores the "admission of guilt" implied by the covenant not to sue over patents, a tactic MS has started using this week.
It’s not likely MS would ever sue Linux users over patents, especially since IBM has a heavy investment in Linux and a massive patent arsenal that could be used to defend it. An overt action like that would be difficult to win, both in the legal court and in the far more important court of public opinion. Like the SCO deal they brokered then trumped up in their "get the facts" campaign, the purpose of such statements is slow adoption of Linux by scaring decision makers.
It’s a tried and true strategy. Perhaps MS realized the effectiveness of patent fear mongering back in 2003 when they left customers who use their MS SQL Server database liable for patent claims due to patent issues.
Imagine how much better commercial software would be if companies devoted their profits and energies to improving their products and competing on merit instead of spending so much on scheming, propaganda and backstabbing.