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The Microsoft-Novell Linux deal: Two years later

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SUSE

Two years ago this month, Microsoft forged its controversial partnership with Novell that, among other things, had the two companies agreeing not to sue each other over intellectual property issues, in part to protect Suse Linux users over any patent litigation from Microsoft.

ust how well has that deal worked out? That depends on whom you talk to.

Microsoft and Novell paint nothing but a rosy picture of the arrangement. "[Customers] like the idea that Microsoft and Novell are in the same room," says Susan Hauser, Microsoft's general manager for strategic partnerships.

But a fervent opponent of the deal, responsible for the Boycott Novell Web site, sees things differently: "Novell compromised interests of the free software community for hundreds of millions of dollars that it received from Microsoft. Novell and Microsoft put their interests ahead of the free software community that makes the software everyone else uses," says Roy Schestowitz, a freelance writer and co-editor of the Boycott Novell site. The arrangement, he adds, "legitimized Microsoft's doubtful and undisclosed patent claims." Schestowitz says the Microsoft-Novell deal may have led to a chain of at least seven more patent deals covering Linux and accompanying parts, which he believes also harm Linux's self-interests.

Today, Microsoft and Novell executives talk as if there never was a controversy.

But there was




Was the patent pact worth it?

blogs.zdnet.com: Since the agreement was forged, a lot has happened.

In the first few months after Novell and Microsoft announced their deal, Microsoft convinced a number of smaller Linux players they needed similar “patent protection” coverage. Among those who signed on Microsoft’s dotted patent-infringement line: Linspire and Xandros.

Red Hat held firm and wouldn’t succumb to CEO Steve Ballmer’s infringement sabre-rattling. In March 2007, Yankee Group issued a study noting that Novell’s share was growing vis-a-vis Red Hat’s, and said Microsoft’s certificate distribution was the main reason. And Microsoft and Novell proudly touted customers who they claimed were eager to seek shelter from potential Microsoft patent lawsuits by signing up for SuSE Linux.

In February 2007, Ballmer stated in no uncertain terms that the deal between Microsoft and Novell was proof that open-source vendors need to respect Microsoft’s intellectual property.

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