The court battles with SCO ought to teach us that Novell is taking part in an abusive relationship. On the one hand it defends itself against Microsoft-backed anti-Linux FUD while, on the other, it also collaborates and tolerates the abuse. Groklaw has the details on the latest round in the SCO case.

If Novell wins its motion here, obviously that makes it simpler to decide some of the IBM motions. There’s a certain complexity to having the two cases going on at once, and now that the judge has indicated that IBM’s motions will go forward, it matters to have some of the Novell issues decided.

One can’t help but wonder if the Microsoft/Novell relationship plays a role in the offence that’s directed at SCO. This relationship has clearly played a role in antitrust proceedings, OpenOffice and formats, patent infringement threats, etc. The big(ger) question remains: will Novell be encouraged to let the SCO nuisance linger on? This seems improbable. However, the whole bizarre scenario does come to show that Novell fights on two fronts with the same enemy. More oddly, it collaborates with its enemies. Is Novell trying to sell Linux? Or is it interested in having it integrated with Windows? Ron Hovsepian has already confessed that he had a vision of Linux running virtualised under Windows. Additionally, does Novell protect Linux from so-called ‘intellectual property’? Or does it only expose Linux as a whole (itself included)? Does it fight SCO or does it empower it? It is, after all, collaborating with one of SCO’s backers and fuels void speculation that Linux contains tainted bits.

There have been some crazy speculations coming from various people, some of whom suggest that Microsoft wants a BSD or Linux kernel for its Windows applications. Then, they say, Wine could be used to run applications without any problems. Unsurprisingly, a Wine developer was actually among the first people to compare Novell to SCO, just shortly after the Novell/Microsoft deal had been made. While crazy speculations are out in the open, I might as well mention this Nicvell (Microsoft Novell Linux) rumour.

Quotes of the day

From sys-con:

“CEO Steve Ballmer picked up the biggest, fattest, slitheriest worm out of that can of worms he opened up”

From Linux gazette:

“Well, I was extremely unhappy when Novell took over SuSE, but decided to take a wait-and-see attitude. Novell, in my assessment, back in the heyday of Netware was as arrogant and expensive as Microsoft. Hmmm… maybe it’s not surprising that they’re sharing a bed these days.”

The company of marketeer has begun its next round of deception. It is no coincidence that this comes as soon as clients prepare for the next generation of servers and desktops (software-wise).

Lately there has been a HUGE push by Certified Microsoft Professionals and their companies to call clients and warn them of the dangers of open source. This week I received calls from 4 different customers that they were warned that they are dangerously insecure because they run Open Source Operating systems or Software because ‘anyone can read the code and hack you with ease’ they are being told. Other colleagues in the area also have noticed this about 3 Microsoft Partners or so they claim have been going out of their way to strike fear of OSS in companies that respond with ‘yes we use Open source or Linux’ when the sales call comes in.

The beast from Redmond is gearing up towards delivery of more disinformation than ever encountered before. It’s bracing itself for destruction of perceptions which accompany the term “Open Source”. According to Mary Jo-Foley, Microsoft has been preparing yet another
self-commissioned anti-Linux study. On top of that, Frost & Sullivan were recently used to conduct outrageous TCO studies. And yet, the press fails to mention who is behind the studies whose ‘conclusions’ it helps propagate.

Microsoft’s grip on public information and the media is nothing to sneeze at. Just have a look at the leaked Holloween Documents to get a quick reminder. That of course is the company which Novell, a so-called Linux advocate, chooses to do business with. Whilst Novell removes its anti-Windows Web site components, Microsoft fuels its anti-Linux fire and added aggression to its sales pitch. Clearly, “know your enemy” is a little tidbit which Novell absolutely must begin to digest and act upon.

In other news, LWN speaks of the division that’s formed in the Linux community, as well as the possible defection of developers who were invited to depart from Novell. Google and Canonical are named as examples.

To complete this quick roundup, I would also briefly mention Susan Heystee, the newly-appointed babysitter for this controversial deal. Shane has read the article more carefully and concluded that “they are going to customers jointly, in here she says that IP issues aren’t that important to customers that she has talked to. Plus, they admittedly have no plan – after ‘months’ of working out a deal and now they go to customers and are pitching them what exactly? Vague concepts like ‘interoperability’, ‘virtualization’ and ‘patent protection’“. This aligns perfectly well with the confusing ‘virtues’ that Novell waves in the eyes of European businesses, to whom patents are not even valid. All in all, this creates a great deal of noise and confusion. Wake up, Novell. You help destroy your source while returning to your proprietary roots.

One of the less visible gains for Microsoft from this deal are antitrust implications. Simply put, the deal works in Microsoft’s favour. It makes it seem as though Microsoft is willing to interoperate with everyone.

The following article would anger quite a few people. Therein lie quite a few misleading statements. They prove that Novell lends a hand to Microsoft in its fight against antitrust regulations and for software patents, which are supposedly inridged upon by Linux. Novell’s deal empowers Microsoft and enables it to continue its aggressive behaviour.

Citizens Against Government Waste (CAGW) today pointed to the collaboration between Microsoft and Novell as another reason to shun government intervention in the technology sector. The companies struck a deal to improve interoperability between Microsoft Windows and Novell’s Linux operating system.

[...]

The deal ensures that SuSE Linux can operate together with Windows in corporate data centers, defends Novell from patent infringement suits from Microsoft, and protects both companies’ intellectual property.

“The agreement to share intellectual property stands in stark contrast to the effort by the European Commission to force Microsoft to share some of its trade secrets with competitors,” Schatz continued. “The marketplace is the best venue for these issues to be resolved. Regulation by litigation hurts taxpayers, stifles innovation, and threatens intellectual property rights.”

As the above demonstrates, more patent FUD continues to be spread, not only in European countries where software patents are altogether invalid. To those who don’t know, Novell touts protection from patent infringement in its leaflets in Germany and England. It’s highly deceitful.

• Microsoft, Novell Take Their Partnership To The Streets
• Novell Readies Customers and Partners for Linux-Based Open Enterprise Server 2
• Novell’s Susan Heystee to Oversee Microsoft Pact in Strategic Partner Role
• SCO Losing Case Over Linux Code
• Microsoft’s Courtroom Flashback

To quote from the last link:

Most of plaintiff’s petition reads like a history lesson in Microsoft’s anti-trust woes. The case aims to follow well-trod legal ground, revisiting the damage Microsoft inflicted on long-extinct competitors, including Netscape Communications, Be and Go, along with Novell’s DR-DOS and IBM’s OS/2. Among the witnesses who will testify are former Novell software developers and a former product manager for computer maker, Acer.

Here we have Novell testifying as one among the victims of Microsoft’s predatory behaviour. Additionally, Novell is under attack by SCO, a Microsoft sockpuppet. How can the new executives smile at Mr. Ballmer? If it’s all hugs and kisses, one wonders if something being exchanged under the table. I doubt we’re seeing the story in its entirety. Just have a look at Corel.